SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 21.001 - Purposes
The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of...
- Texas Section 21.0015 - Texas Workforce Commission
The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. A reference in this...
- Texas Section 21.002 - Definitions
In this chapter: (1) "Auxiliary aids and services" includes: (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with...
- Texas Section 21.0021 - Construction Of Certain Definitions
(a) The term "disability": (1) shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed...
- Texas Section 21.0022 - Franchisors Excluded
(a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1. (b) For purposes of this chapter, a franchisor is...
- Texas Section 21.003 - General Powers And Duties Of Commission
(a) The commission may: (1) promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other...
- Texas Section 21.0035 - Civilian Workforce Composition
(a) The commission by rule shall biennially determine: (1) the percentage of the statewide civilian workforce composed of: (A) Caucasian Americans; (B) African Americans; (C)...
- Texas Section 21.004 - Criminal Offense Of Interference; Penalty
(a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise...
- Texas Section 21.005 - Construction With Other Laws
(a) This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of...
- Texas Section 21.006 - Conformity With Federal Statutes
If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the...
- Texas Section 21.007 - Privileged Communication; Immunity
An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's...
- Texas Section 21.008 - Limited Severability
(a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances...
- Texas Section 21.009 - Joinder Of Commission
(a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this...
SUBCHAPTER B UNLAWFUL EMPLOYMENT PRACTICES
- Texas Section 21.010 - Employment Discrimination Training For State Employees
(a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b) The training program...
- Texas Section 21.051 - Discrimination By Employer
An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses...
- Texas Section 21.052 - Discrimination By Employment Agency
An employment agency commits an unlawful employment practice if the employment agency: (1) fails or refuses to refer for employment or discriminates in any other...
- Texas Section 21.053 - Discrimination By Labor Organization
A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization: (1) excludes...
- Texas Section 21.054 - Admission Or Participation In Training Program
(a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an...
- Texas Section 21.055 - Retaliation
An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a...
- Texas Section 21.056 - Aiding Or Abetting Discrimination
An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces...
- Texas Section 21.057 - Interference With Commission
An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance...
- Texas Section 21.058 - Prevention Of Compliance
An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a...
- Texas Section 21.059 - Discriminatory Notice Or Advertisement
(a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful...
- Texas Section 21.060 - Violation Of Conciliation Agreement
A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement....
SUBCHAPTER C APPLICATION; EXCEPTIONS
- Texas Section 21.061 - Insufficient Evidence Of Unlawful Practice
In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient...
- Texas Section 21.101 - Age Discrimination Limited To Individuals Of Certain Age
Except as provided by Section 21.054, the provisions of this chapter referring to discrimination because of age or on the basis of age apply only...
- Texas Section 21.102 - Bona Fide Employee Benefit Plan; Production Measurement System
(a) Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or...
- Texas Section 21.103 - Compulsory Retirement Permitted For Certain Employees
This chapter does not prohibit the compulsory retirement of an employee who is: (1) at least 65 years of age; (2) employed in a bona...
- Texas Section 21.104 - Age Requirement For Peace Officers Or Fire Fighters
An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. Acts 1993,...
- Texas Section 21.105 - Discrimination Based On Disability
A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because...
- Texas Section 21.106 - Sex Discrimination
(a) A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the...
- Texas Section 21.1065 - Sexual Harassment Protections For Unpaid Interns
(a) In this section, "sexual harassment" means an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of...
- Texas Section 21.107 - Effect On Abortion Benefits
This chapter does not: (1) require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered...
- Texas Section 21.108 - Discrimination Based On Religion
A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the...
- Texas Section 21.109 - Employment By Religious Organization
(a) A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a...
- Texas Section 21.110 - Discrimination Based On National Origin
A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on...
- Texas Section 21.111 - Person Employed Out Of State
This chapter does not apply to an employer with respect to the employment of a person outside this state. Acts 1993, 73rd Leg., ch. 269,...
- Texas Section 21.112 - Employees At Different Locations
An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms,...
- Texas Section 21.113 - Imbalance Plan Not Required
This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of...
- Texas Section 21.114 - Plan To End Discriminatory School Practices
A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. Acts...
- Texas Section 21.115 - Business Necessity
(a) Subject to Subsection (b), an employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and...
- Texas Section 21.116 - Reliance On Commission Interpretation Or Opinion
(a) A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written...
- Texas Section 21.117 - Employment Of Family Member
Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child. Acts 1993, 73rd Leg., ch. 269, Sec....
- Texas Section 21.118 - Statewide Hometown Plan
Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by...
- Texas Section 21.119 - Bona Fide Occupational Qualification
If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or...
- Texas Section 21.120 - Use Or Possession Of Controlled Substance
(a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses...
- Texas Section 21.121 - Work Force Diversity Programs
An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. Added by Acts 1995,...
- Texas Section 21.122 - Burden Of Proof In Disparate Impact Cases
(a) An unlawful employment practice based on disparate impact is established under this chapter only if: (1) a complainant demonstrates that a respondent uses a...
- Texas Section 21.123 - Scope Of Defense
A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of...
- Texas Section 21.124 - Prohibition Against Discriminatory Use Of Test Scores
It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the...
- Texas Section 21.125 - Clarifying Prohibition Against Impermissible Consideration Of Race, Color, Sex, National Origin, Religion, Age, Or Disability In Employment Practices
(a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion,...
- Texas Section 21.126 - Coverage Of Previously Exempt Employees Of The State Or Political Subdivision Of The State
It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate...
- Texas Section 21.127 - Expansion Of Rights To Challenge Discriminatory Seniority Systems
With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the...
- Texas Section 21.128 - Reasonable Accommodation; Good Faith Effort
(a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to...
SUBCHAPTER D LOCAL ENFORCEMENT
- Texas Section 21.129 - Court-ordered Remedies, Affirmative Action Agreements, And Conciliation Agreements Not Affected
This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. Added by Acts 1995, 74th Leg.,...
- Texas Section 21.151 - Enforcement By Ordinance
A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or...
- Texas Section 21.152 - Creation Of Local Commission
(a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to: (1) promote the purposes of this chapter;...
- Texas Section 21.153 - General Powers And Duties Of Local Commission
(a) A local commission may: (1) employ an executive director and other employees and agents and set their compensation; (2) cooperate or contract with a...
- Texas Section 21.154 - Investigatory And Conciliatory Powers Of Local Commission
(a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or...
- Texas Section 21.155 - Referral To Local Commission And Action On Complaints
(a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age...
SUBCHAPTER E ADMINISTRATIVE REVIEW
- Texas Section 21.156 - Referral By Local Commission To State Commission
A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff....
- Texas Section 21.201 - Filing Of Complaint; Form And Content; Service
(a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission. (b) The...
- Texas Section 21.202 - Statute Of Limitations
(a) A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred. (b)...
- Texas Section 21.203 - Alternative Dispute Resolution; Office
(a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising...
- Texas Section 21.204 - Investigation By Commission
(a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is...
- Texas Section 21.205 - Lack Of Reasonable Cause; Dismissal Of Complaint
(a) If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged...
- Texas Section 21.206 - Determination Of Reasonable Cause; Review By Commission
(a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in...
- Texas Section 21.207 - Resolution By Informal Methods
(a) If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal...
- Texas Section 21.208 - Notice Of Dismissal Or Unresolved Complaint
If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint...
- Texas Section 21.210 - Temporary Injunctive Relief
(a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to...
SUBCHAPTER F JUDICIAL ENFORCEMENT
- Texas Section 21.211 - Election Of Remedies
A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other...
- Texas Section 21.251 - Civil Action By Commission
(a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the...
- Texas Section 21.252 - Notice Of Complainant's Right To File Civil Action
(a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a...
- Texas Section 21.253 - Expedited Notice Of Complainant's Right To File Civil Action
(a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed...
- Texas Section 21.254 - Civil Action By Complainant
Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action...
- Texas Section 21.255 - Commission's Intervention In Civil Action By Complainant
After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if: (1) the...
- Texas Section 21.256 - Statute Of Limitations
A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is...
- Texas Section 21.257 - Assignment To Early Hearing
The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. Acts 1993, 73rd Leg.,...
- Texas Section 21.258 - Injunction; Equitable Relief
(a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may: (1) prohibit by injunction the...
- Texas Section 21.2585 - Compensatory And Punitive Damages
(a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this...
- Texas Section 21.259 - Attorney's Fees; Costs
(a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of...
- Texas Section 21.260 - Relief For Disabled Employee Or Applicant
If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost...
- Texas Section 21.261 - Compelled Compliance
If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or...
SUBCHAPTER G RECORDS
- Texas Section 21.262 - Trial De Novo
(a) A judicial proceeding under this chapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on...
- Texas Section 21.301 - Recordkeeping; Reports
A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep...
- Texas Section 21.302 - Records; Training Program
The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program:...
- Texas Section 21.303 - Conformity To Federal Law
A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c)....
- Texas Section 21.304 - Confidentiality Of Records
An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except in compliance with...
- Texas Section 21.305 - Access To Commission Records
(a) Except as provided by Subsection (c), the commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to...
SUBCHAPTER H DISCRIMINATORY USE OF GENETIC INFORMATION
- Texas Section 21.306 - Subpoena Of Record Or Report
(a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report...
- Texas Section 21.401 - Definitions
In this subchapter: (1) "DNA" means deoxyribonucleic acid. (2) "Family health history" means a history taken by a physician or genetic professional to ascertain genetic...
- Texas Section 21.402 - Discriminatory Use Of Genetic Information Prohibited
(a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect...
- Texas Section 21.403 - Confidentiality Of Genetic Information
(a) Except as provided by Section 21.4031, genetic information is confidential and privileged regardless of the source of the information. (b) A person who holds...
- Texas Section 21.4031 - Exceptions To Confidentiality
(a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization required under Section 21.4032 if the disclosure is:...
- Texas Section 21.4032 - Authorized Disclosure
An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:...
- Texas Section 21.404 - Disclosure Of Test Results To Individual Tested
An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual,...
SUBCHAPTER I PERSONNEL POLICIES AND PROCEDURES
- Texas Section 21.405 - Destruction Of Sample Material; Exceptions
A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was...
- Texas Section 21.451 - Definition
In this subchapter, "state agency" does not include a public junior college as defined by Section 61.003, Education Code. Added by Acts 1999, 76th Leg.,...
- Texas Section 21.452 - Development And Implementation Of Personnel Policies And Procedures
Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity...
- Texas Section 21.453 - Review
(a) Except as provided by Subsection (a-1), the commission shall review the personnel policies and procedures of each state agency on a six-year cycle to...
- Texas Section 21.454 - Compliance Report
Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and...
- Texas Section 21.455 - Reimbursement; Audit
(a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review...
SUBCHAPTER J HIRING PRACTICES
- Texas Section 21.456 - Failure To Comply With Subchapter; Administrative Penalty
(a) If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller....
- Texas Section 21.501 - Workforce Analysis
Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by...
- Texas Section 21.502 - Recruitment Plan
Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies,...
- Texas Section 21.503 - Effect On Remedies Under Other Laws
This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has...
SUBCHAPTER K EQUAL EMPLOYMENT OPPORTUNITY REPORTS
- Texas Section 21.504 - Annual Report
Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans,...
- Texas Section 21.551 - Definition
In this subchapter, "racial and ethnic group" means Caucasian American, African American, or Hispanic American. Added by Acts 1999, 76th Leg., ch. 872, Sec. 15,...
- Texas Section 21.552 - Equal Employment Opportunity Report Required
(a) Not later than November 1 of each year, each state agency shall report equal employment opportunity information for the preceding fiscal year to the...
- Texas Section 21.553 - Cooperation With Comptroller And Uniform Statewide Accounting System; Report
(a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting...
- Texas Section 21.554 - Form
Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report...
- Texas Section 21.555 - Failure To File Required Report; Administrative Penalty
(a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination...
- Texas Section 21.556 - Required Compliance Training For State Agencies
(a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit,...