CHAPTER 21. EMPLOYMENT DISCRIMINATION

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LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE A. EMPLOYMENT DISCRIMINATION

CHAPTER 21. EMPLOYMENT DISCRIMINATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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 1964 and its subsequent amendments (42

U.S.C. Section 2000e et seq.);

(2) identify and create an authority that meets the criteria

under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section 633;

(3) provide for the execution of the policies embodied in Title

I of the Americans with Disabilities Act of 1990 and its

subsequent amendments (42 U.S.C. Section 12101 et seq.);

(4) secure for persons in this state, including persons with

disabilities, freedom from discrimination in certain employment

transactions, in order to protect their personal dignity;

(5) make available to the state the full productive capacities

of persons in this state;

(6) avoid domestic strife and unrest in this state;

(7) preserve the public safety, health, and general welfare; and

(8) promote the interests, rights, and privileges of persons in

this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.01(a), eff. Sept.

1, 1995.

Sec. 21.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION.

The powers and duties exercised by the Commission on Human Rights

under this chapter are transferred to the Texas Workforce

Commission civil rights division. A reference in this chapter to

the "commission" means the Texas Workforce Commission civil

rights division.

Added by Acts 2003, 78th Leg., ch. 302, Sec. 1.

Sec. 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 hearing

impairments;

(B) qualified readers, taped texts, or other effective methods

of making visually delivered materials available to individuals

with visual impairments;

(D) services and actions similar to those described by

Paragraphs (A)-(C).

(2) "Bona fide occupational qualification" means a

qualification:

(A) reasonably related to the satisfactory performance of the

duties of a job; and

(B) for which a factual basis exists for the belief that no

person of an excluded group would be able to satisfactorily

perform the duties of the job with safety or efficiency.

(3) Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(2).

(4) "Complainant" means an individual who brings an action or

proceeding under this chapter.

(5) "Demonstrates" means meets the burdens of production and

persuasion.

(6) "Disability" means, with respect to an individual, a mental

or physical impairment that substantially limits at least one

major life activity of that individual, a record of such an

impairment, or being regarded as having such an impairment. The

term does not include:

(A) a current condition of addiction to the use of alcohol, a

drug, an illegal substance, or a federally controlled substance;

(B) a currently communicable disease or infection as defined in

Section 81.003, Health and Safety Code, or required to be

reported under Section 81.041, Health and Safety Code, that

constitutes a direct threat to the health or safety of other

persons or that makes the affected person unable to perform the

duties of the person's employment.

(7) "Employee" means an individual employed by an employer,

including an individual subject to the civil service laws of this

state or a political subdivision of this state, except that the

term does not include an individual elected to public office in

this state or a political subdivision of this state.

(8) "Employer" means:

(A) a person who is engaged in an industry affecting commerce

and who has 15 or more employees for each working day in each of

20 or more calendar weeks in the current or preceding calendar

year;

(B) an agent of a person described by Paragraph (A);

political subdivision of this state; or

(D) a county, municipality, state agency, or state

instrumentality, regardless of the number of individuals

employed.

(9) "Employment agency" means a person or an agent of the person

who regularly undertakes, with or without compensation, to

procure:

(A) employees for an employer; or

(B) the opportunity for employees to work for an employer.

(10) "Labor organization" means a labor organization engaged in

an industry affecting commerce. The term includes:

(A) an organization, an agency, or an employee representation

committee, group, association, or plan engaged in an industry

affecting commerce in which employees participate and that exists

for the purpose, in whole or in part, of dealing with employers

concerning grievances, labor disputes, wages, rates of pay,

hours, or other terms or conditions of employment;

(B) a conference, general committee, joint or system board, or

joint council that is subordinate to a national or international

labor organization; and

(11) "Local commission" means a commission on human relations

created by one or more political subdivisions.

(11-a) "Major life activity" includes, but is not limited to,

caring for oneself, performing manual tasks, seeing, hearing,

eating, sleeping, walking, standing, lifting, bending, speaking,

breathing, learning, reading, concentrating, thinking,

communicating, and working. The term also includes the operation

of a major bodily function, including, but not limited to,

functions of the immune system, normal cell growth, and

digestive, bowel, bladder, neurological, brain, respiratory,

circulatory, endocrine, and reproductive functions.

(12) "Political subdivision" means a county or municipality.

(12-a) "Regarded as having such an impairment" means subjected

to an action prohibited under Subchapter B or C because of an

actual or perceived physical or mental impairment, other than an

impairment that is minor and is expected to last or actually

lasts less than six months, regardless of whether the impairment

limits or is perceived to limit a major life activity.

(13) "Respondent" means the person charged in a complaint filed

under this chapter and may include an employer, employment

agency, labor organization, or joint labor-management committee

that controls an apprenticeship or other training or retraining

program, including an on-the-job training program.

(14) "State agency" means:

(A) a board, commission, committee, council, department,

institution, office, or agency in the executive branch of state

government having statewide jurisdiction;

(B) the supreme court, the court of criminal appeals, a court of

appeals, or the State Bar of Texas or another judicial agency

having statewide jurisdiction; or

61.003, Education Code.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.02(a), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 834, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 872, Sec. 10, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 302, Sec. 4(a).

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2009.

Sec. 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 under

those subchapters; and

(2) includes an impairment that is episodic or in remission that

substantially limits a major life activity when active.

(b) The determination of whether an impairment substantially

limits a major life activity must be made without regard to the

ameliorative effects of mitigating measures, including:

(1) medication, medical supplies, medical equipment, medical

appliances, prosthetic limbs and devices, hearing aids, cochlear

implants and other implantable hearing devices, mobility devices,

and oxygen therapy equipment;

(2) devices that magnify, enhance, or otherwise augment a visual

image, other than eyeglasses and contact lenses that are intended

to fully correct visual acuity or eliminate refractive error;

(3) the use of assistive technology;

(4) reasonable accommodations and auxiliary aids or services;

and

(5) learned behavioral or adaptive neurological modifications.

Added by Acts 2009, 81st Leg., R.S., Ch.

337, Sec. 2, eff. September 1, 2009.

Sec. 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 agencies, public or private, including agencies of the

federal government and of other states;

(2) receive, investigate, seek to conciliate, and pass on

complaints alleging violations of this chapter;

(3) file civil actions to effectuate the purposes of this

chapter;

(4) request and, if necessary, compel by subpoena:

(A) the attendance of necessary witnesses for examination under

oath; and

(B) the production, for inspection and copying, of records,

documents, and other evidence relevant to the investigation of

alleged violations of this chapter;

(5) furnish technical assistance requested by a person subject

to this chapter to further compliance with this chapter or with a

rule or order issued under this chapter;

(6) recommend in its annual report legislation or other action

to carry out the purposes and policies of this chapter;

(7) adopt procedural rules to carry out the purposes and

policies of this chapter; and

(8) provide educational and outreach activities to individuals

who have historically been victims of employment discrimination.

(b) The commission by rule may authorize a commissioner or one

of its staff to exercise the powers stated in Subsection (a)(4)

on behalf of the commission.

equal employment opportunity policies and programs adopted and

implemented by the various state agencies.

(d) The commission at least annually shall make a comprehensive

written report to the governor and to the legislature.

(e) The commission shall conduct a study of the policies and

programs of a selected state agency if the commission is directed

to conduct the study by legislative resolution or by executive

order of the governor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.03(a), eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 872, Sec. 11, eff. Sept. 1,

1999.

Sec. 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;

(D) females; and

(E) males; and

(2) the percentage of the statewide civilian workforce of the

groups listed in Subdivision (1) according to the following job

categories:

(A) state agency administration;

(B) professional;

(D) protective services;

(E) paraprofessional;

(F) administrative support;

(G) skilled craft; and

(H) service and maintenance.

(b) The commission shall report the percentages of the statewide

civilian workforce as determined under this section to the

governor and the legislature not later than the fifth day of each

regular session of the legislature.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 12, eff. Sept. 1,

1999.

Sec. 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 of a power provided by this chapter.

(b) An offense under this section is a Class B misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 the state or federal

constitutions or laws.

(b) This chapter does not affect the standards for determining

eligibility for benefits under Title 5 or under a state or

federal disability benefit program.

claim by an individual without a disability that the individual

was subject to discrimination because of the individual's lack of

a disability.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

337, Sec. 3, eff. September 1, 2009.

Sec. 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 receipt of federal funds, the commission shall administer

this chapter to qualify for deferral status or the receipt of

those funds until the legislature meets in its next session and

has an opportunity to amend this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 duties under this chapter may not be the basis for

an action for defamation of character.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept.

1, 1995.

Sec. 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 is held invalid or unconstitutional, that

invalidity shall not affect the other clauses, sentences,

subsections, sections, or provisions or applications of this

chapter that may be given effect without the invalid clause,

sentence, subsection, section, or provision or application and

shall not affect, invalidate, impair, or nullify the remainder of

this chapter. The effect of the determination of invalidity shall

be confined to the clause, sentence, subsection, section, or

provision or application so adjudicated to be invalid or

unconstitutional, and to that end the provisions of this chapter

are declared to be severable.

(b) If any limit on damages prescribed by Section 21.2585 is

invalidated by a method other than by legislative means, the

amount of civil liability for all past and future noneconomic

losses, including past and future pain and suffering, mental

anguish and suffering, and any other nonpecuniary damage, is

limited to an amount not to exceed $150,000.

invalidated by a method other than by legislative means and if

the alternative civil liability limits contained in Subsection

(b) are also invalidated by a method other than by legislative

means, Section 21.2585 is void.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept.

1, 1995.

Sec. 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 chapter or Chapter

461, Government Code, or the application of the provision or rule

is challenged as void, unconstitutional, or unenforceable, the

commission shall be made a party to the proceedings, and, on the

motion of the commission, venue of the cause may be transferred

to the district courts of Travis County.

(b) An order restraining the commission or invalidating a

provision of this chapter or Chapter 461, Government Code, or a

commission rule adopted under this chapter or Chapter 461,

Government Code, may not be enforced and may not take effect

until the commission has answered and appeared in the action and

has exhausted all avenues of appeal and any judgment is final and

enforceable.

this chapter, only the commission, if a prevailing party, may

recover costs and attorney's fees in such a declaratory

proceeding under this section.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept.

1, 1995.

Sec. 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 must provide the employee with

information regarding the agency's policies and procedures

relating to employment discrimination, including employment

discrimination involving sexual harassment.

program required by this section not later than the 30th day

after the date the employee is hired by the agency and shall

attend supplemental training every two years.

(d) The commission shall develop materials for use by state

agencies in providing employment discrimination training as

required by this section.

(e) Each state agency shall require an employee of the agency

who attends a training program required by this section to sign a

statement verifying the employee's attendance at the training

program. The agency shall file the statement in the employee's

personnel file.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 14, eff. Sept. 1,

1999.

SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES

Sec. 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 to hire an individual, discharges an

individual, or discriminates in any other manner against an

individual in connection with compensation or the terms,

conditions, or privileges of employment; or

(2) limits, segregates, or classifies an employee or applicant

for employment in a manner that would deprive or tend to deprive

an individual of any employment opportunity or adversely affect

in any other manner the status of an employee.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 manner against an individual because of race, color,

disability, religion, sex, national origin, or age; or

(2) classifies or refers an individual for employment on the

basis of race, color, disability, religion, sex, national origin,

or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 or expels from membership or discriminates in any

other manner against an individual; or

(2) limits, segregates, or classifies a member or an applicant

for membership or classifies or fails or refuses to refer for

employment an individual in a manner that would:

(A) deprive or tend to deprive an individual of any employment

opportunity;

(B) limit an employment opportunity or adversely affect in any

other manner the status of an employee or of an applicant for

employment; or

subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 employer, labor organization, or

joint labor-management committee controlling an apprenticeship,

on-the-job training, or other training or retraining program

commits an unlawful employment practice if the employer, labor

organization, or committee discriminates against an individual

because of race, color, disability, religion, sex, national

origin, or age in admission to or participation in the program.

(b) The prohibition against discrimination because of age in

this section applies only to discrimination because of age

against an individual who is at least 40 years of age but younger

than 56 years of age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 person who, under this chapter:

(1) opposes a discriminatory practice;

(2) makes or files a charge;

(3) files a complaint; or

(4) testifies, assists, or participates in any manner in an

investigation, proceeding, or hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 a person to engage in a discriminatory

practice.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 of a duty or the

exercise of a power under this chapter or Chapter 461, Government

Code, by the commission, the commission's staff, or the

commission's representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 person from complying with this

chapter or a rule adopted or order issued under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 employment practice if the employer, labor

organization, employment agency, or committee prints or publishes

or causes to be printed or published a notice or advertisement

relating to employment that:

(1) indicates a preference, limitation, specification, or

discrimination based on race, color, disability, religion, sex,

national origin, or age; and

(2) concerns an employee's status, employment, or admission to

or membership or participation in a labor union or training or

retraining program.

(b) This section does not apply if disability, religion, sex,

national origin, or age is a bona fide occupational

qualification.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 to establish an unlawful employment practice.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER C. APPLICATION; EXCEPTIONS

Sec. 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 to discrimination against

an individual 40 years of age or older.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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

different terms, conditions, or privileges of employment under:

(1) a bona fide seniority system, merit system, or an employee

benefit plan, such as a retirement, pension, or insurance plan,

that is not a subterfuge to evade this chapter; or

(2) a system that measures earnings by quantity or quality of

production.

(b) An employee benefit plan may not excuse a failure to hire on

the basis of age. A seniority system or employee benefit plan may

not require or permit involuntary retirement on the basis of age

except as permitted by Section 21.103.

terms, conditions, or privileges of employment that are

discriminatory on the basis of race, color, disability, religion,

sex, national origin, or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 fide executive or high policy-making

position for the two years preceding retirement; and

(3) entitled to an immediate, nonforfeitable annual retirement

benefit from a pension, profit-sharing, savings, or deferred

compensation plan or a combination of plans of the employee's

employer that equals, in the aggregate, at least $27,000.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 of or on the basis of a physical or

mental condition that does not impair an individual's ability to

reasonably perform a job.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 basis

of pregnancy, childbirth, or a related medical condition.

(b) A woman affected by pregnancy, childbirth, or a related

medical condition shall be treated for all purposes related to

employment, including receipt of a benefit under a fringe benefit

program, in the same manner as another individual not affected

but similar in the individual's ability or inability to work.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 if the

fetus were carried to term;

(2) preclude an employer from providing abortion benefits; or

(3) affect a bargaining agreement relating to abortion.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 basis of any aspect of religious observance, practice, or

belief, unless an employer demonstrates that the employer is

unable reasonably to accommodate the religious observance or

practice of an employee or applicant without undue hardship to

the conduct of the employer's business.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 religious

corporation, association, or society does not commit an unlawful

employment practice by limiting employment or giving a preference

to members of the same religion.

(b) Subchapter B does not apply to the employment of an

individual of a particular religion by a religious corporation,

association, or society to perform work connected with the

performance of religious activities by the corporation,

association, or society.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 the basis of the national origin

of an ancestor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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, Sec. 1, eff. Sept. 1, 1993.

Sec. 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, conditions, or privileges of

employment that are not discriminatory on the basis of race,

color, disability, religion, sex, national origin, or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 race,

color, disability, religion, sex, national origin, or age because

of an imbalance between:

(1) the total number or percentage of persons of that

individual's or group's race, color, disability, religion, sex,

national origin, or age:

(A) employed by an employer;

(B) referred or classified for employment by an employment

agency or labor organization;

organization; or

(D) admitted to or employed in an apprenticeship, on-the-job

training, or other training or retraining program; and

(2) the total number or percentage of persons of that race,

color, disability, religion, sex, national origin, or age in:

(A) a community, this state, a region, or other area; or

(B) the available work force in a community, this state, a

region, or other area.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 that

would otherwise be prohibited by this chapter if the employer

establishes that the practice:

(1) is not intentionally devised or operated to contravene the

prohibitions of this chapter; and

(2) is justified by business necessity.

(b) An employer may not use a qualification standard, employment

test, or other selection criterion based on an individual's

uncorrected vision unless the standard, test, or criterion is

consistent with business necessity and job-related for the

position to which the standard, test, or criterion applies.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

337, Sec. 4, eff. September 1, 2009.

Sec. 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 interpretation or opinion of the commission.

(b) In a proceeding alleging an unlawful employment practice,

the respondent has the burden of pleading and proving the defense

provided by this section.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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. 1, eff. Sept. 1, 1993.

Sec. 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 the United States Department of Labor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 enterprise, performing

any of the following practices on the basis of disability,

religion, sex, national origin, or age of an employee, member, or

other individual is not an unlawful employment practice:

(1) an employer hiring and employing an employee;

(2) an employment agency classifying or referring an individual

for employment;

(3) a labor organization classifying its members or classifying

or referring an individual for employment; or

(4) an employer, labor organization, or joint labor-management

committee controlling an apprenticeship, on-the-job training, or

other training or retraining program admitting or employing an

individual in its program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 a controlled substance as defined in

Schedules I and II of Section 202, Controlled Substances Act, and

their subsequent amendments (21 U.S.C. Section 801 et seq.),

other than the use or possession of a drug taken under the

supervision of a licensed health care professional or any other

use or possession authorized by the Controlled Substances Act or

any other federal or state law.

(b) Subsection (a) does not apply to a policy adopted or applied

with the intent to discriminate because of race, color, sex,

national origin, religion, age, or disability.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept.

1, 1995.

Sec. 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, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept.

1, 1995.

Sec. 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

particular employment practice that causes a disparate impact on

the basis of race, color, sex, national origin, religion, or

disability and the respondent fails to demonstrate that the

challenged practice is job-related for the position in question

and consistent with business necessity; or

(2) the complainant makes the demonstration in accordance with

federal law as that law existed June 4, 1989, with respect to the

concept of alternative employment practices, and the respondent

refuses to adopt such an alternative employment practice.

(b) To determine the availability of and burden of proof

applicable to a disparate impact case involving age

discrimination, the court shall apply the judicial interpretation

of the Age Discrimination in Employment Act of 1967 and its

subsequent amendments (29 U.S.C. Section 621 et seq.).

a disparate impact, the complainant must demonstrate that each

particular challenged employment practice causes a disparate

impact, except that if the complainant demonstrates to the

satisfaction of the court that the elements of a respondent's

decision-making process are not capable of separation for

analysis, that decision-making process may be analyzed as one

employment practice.

(d) If the respondent demonstrates that a specific practice does

not cause a disparate impact, the respondent may not be required

to demonstrate that the practice is consistent with business

necessity.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Sec. 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

intentional discrimination.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Sec. 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 scores of, use different

cutoff scores for, or otherwise alter the results of

employment-related tests on the basis of race, color, sex,

national origin, religion, age, or disability.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Sec. 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, age, or disability

was a motivating factor for an employment practice, even if other

factors also motivated the practice, unless race, color, sex,

national origin, religion, age, or disability is combined with

objective job-related factors to attain diversity in the

employer's work force.

(b) In a complaint in which a complainant proves a violation

under Subsection (a) and a respondent demonstrates that the

respondent would have taken the same action in the absence of the

impermissible motivating factor, the court may grant declaratory

relief, injunctive relief except as otherwise provided by this

subsection, and attorney's fees and costs demonstrated to be

directly attributable only to the pursuit of a complaint under

Subsection (a), but may not award damages or issue an order

requiring an admission, reinstatement, hiring, promotion, or back

pay.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995. Amended by Acts 1997, 75th Leg., ch. 1126, Sec. 1, eff.

Sept. 1, 1997.

Sec. 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

because of race, color, sex, national origin, religion, age, or

disability against an individual who is an employee or applicant

for employment to:

(1) serve on the elected official's personal staff;

(2) serve the elected official on a policy-making level; or

(3) serve the elected official as an immediate advisor with

respect to the exercise of the constitutional or legal powers of

the office.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Sec. 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

face of the seniority provision, an unlawful employment practice

occurs when:

(1) the seniority system is adopted;

(2) an individual becomes subject to the system; or

(3) an individual is injured by the application of the system or

a provision of the system.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Sec. 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 a known physical or mental limitation

of an otherwise qualified individual with a disability who is an

employee or applicant for employment, unless the respondent

demonstrates that the accommodation would impose an undue

hardship on the operation of the business of the respondent.

(b) A showing of undue hardship by the respondent is a defense

to a complaint of discrimination made by an otherwise qualified

individual with a disability. In considering a complaint based on

a disability, the commission shall consider the reasonableness of

the cost of any necessary workplace accommodation and the

availability of alternatives or other appropriate relief.

involves the provision of a reasonable workplace accommodation

under this chapter, damages may not be awarded under Subchapter F

if the respondent demonstrates good faith efforts, in

consultation with the otherwise qualified individual with a

disability who has informed the respondent that accommodation is

needed, to identify and make a reasonable workplace accommodation

that would provide the individual with an equally effective

opportunity and would not cause an undue hardship on the

operation of the business.

(d) A respondent is not obligated to make a reasonable workplace

accommodation to a known physical or mental limitation of an

otherwise qualified individual under Subsection (a) if the

individual's disability is based solely on being regarded as

having an impairment that substantially limits at least one major

life activity.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

337, Sec. 5, eff. September 1, 2009.

Sec. 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., ch. 76, Sec. 9.05(a), eff. Sept.

1, 1995.

SUBCHAPTER D. LOCAL ENFORCEMENT

Sec. 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 federal law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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; and

(2) secure for all individuals in the jurisdiction of each

political subdivision freedom from discrimination because of

race, color, disability, religion, sex, national origin, or age.

(b) The political subdivision creating a local commission may

appropriate funds for the expenses of the local commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 person, including an agency of

the federal government or of another state or municipality; and

(3) accept a public grant or private gift, bequest, or other

payment.

(b) A local commission shall prepare at least annually a report

and furnish a copy of the report to the Commission on Human

Rights.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 defers jurisdiction over the

subject matter of the complaint to a local commission, the local

commission may receive, investigate, conciliate, or rule on the

complaint and may file a civil action to carry out the purposes

of this chapter.

(b) The local commission may request, and as necessary, compel

by subpoena:

(1) the attendance of a witness for examination under oath; or

(2) the production for inspection or copying of a record,

document, or other evidence relevant to the investigation of an

alleged violation of this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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

that is filed with that commission to a local commission with the

necessary investigatory and conciliatory powers if:

(1) the complaint has been referred to the Commission on Human

Rights by the federal government; or

(2) jurisdiction over the subject matter of the complaint has

been deferred to the Commission on Human Rights by the federal

government.

(b) The local commission shall take appropriate action to remedy

the practice alleged as discriminatory in the referred complaint.

60 days or a longer time that is reasonable, the Commission on

Human Rights shall reassume responsibility for the complaint and

take appropriate action on the complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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. Sept. 1, 1993.

SUBCHAPTER E. ADMINISTRATIVE REVIEW

Sec. 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 complaint must be in writing and made under oath.

(1) that an unlawful employment practice has been committed;

(2) the facts on which the complaint is based, including the

date, place, and circumstances of the alleged unlawful employment

practice; and

(3) facts sufficient to enable the commission to identify the

respondent.

(d) The executive director or the executive director's designee

shall serve the respondent with a copy of the perfected complaint

not later than the 10th day after the date the complaint is

filed.

(e) A complaint may be amended to cure technical defects or

omissions, including a failure to verify the complaint or to

clarify and amplify an allegation made in the complaint.

(f) An amendment to a complaint alleging additional facts that

constitute unlawful employment practices relating to or arising

from the subject matter of the original complaint relates back to

the date the complaint was first received by the commission.

(g) If a perfected complaint is not received by the commission

within 180 days of the alleged unlawful employment practice, the

commission shall notify the respondent that a complaint has been

filed and that the process of perfecting the complaint is in

progress.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(a), eff. Sept.

1, 1995.

Sec. 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) The commission shall dismiss an untimely complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1993.

Sec. 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 under this chapter. The settlement of a

disputed claim under this chapter that results from the use of

traditional or alternative means of dispute resolution is binding

on the parties to the claim.

(b) The commission shall establish an office of alternative

dispute resolution. At any time after a complaint is received

under Section 21.201, at the request of a party or at the

direction of the commission the matter may be referred to the

office of alternative dispute resolution.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(b), eff. Sept.

1, 1995.

Sec. 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 reasonable cause to believe that the respondent engaged

in an unlawful employment practice as alleged in the complaint.

(b) If the federal government has referred the complaint to the

commission or has deferred jurisdiction over the subject matter

of the complaint to the commission, the executive director or the

executive director's designee shall promptly investigate the

allegations stated in the complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 in an

unlawful employment practice as alleged in a complaint, the

executive director or the executive director's designee shall

issue a written determination, incorporating the finding that the

evidence does not support the complaint and dismissing the

complaint.

(b) The executive director or the executive director's designee

shall serve a copy of the determination on the complainant, the

respondent, and other agencies as required by law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY PANEL.

(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 an unlawful

employment practice as alleged in a complaint, the executive

director or the executive director's designee shall review with a

panel of three commissioners the evidence in the record.

(b) If after the review at least two of the three commissioners

determine that there is reasonable cause to believe that the

respondent engaged in an unlawful employment practice, the

executive director shall:

(1) issue a written determination incorporating the executive

director's finding that the evidence supports the complaint; and

(2) serve a copy of the determination on the complainant, the

respondent, and other agencies as required by law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 methods of conference,

conciliation, and persuasion.

(b) Without the written consent of the complainant and

respondent, the commission, its executive director, or its other

officers or employees may not disclose to the public information

about the efforts in a particular case to resolve an alleged

discriminatory practice by conference, conciliation, or

persuasion, regardless of whether there is a determination of

reasonable cause.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 was filed, the commission shall inform the

complainant of the dismissal or failure to resolve the complaint

in writing by certified mail.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 carry out the purpose of this

chapter, the commission shall file a petition seeking appropriate

temporary relief against the respondent pending final

determination of a proceeding under this chapter.

(b) The petition shall be filed in a district court in a county

in which:

(1) the alleged unlawful employment practice that is the subject

of the complaint occurred; or

(2) the respondent resides.

commission shows:

(1) a substantial likelihood of success on the merits; and

(2) irreparable harm to the complainant in the absence of the

preliminary relief pending final determination on the merits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 law or

an order or ordinance of a political subdivision of this state

based on an act that would be an unlawful employment practice

under this chapter may not file a complaint under this subchapter

for the same grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER F. JUDICIAL ENFORCEMENT

Sec. 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 respondent engaged in an unlawful employment

practice;

(2) the commission's efforts to resolve the discriminatory

practice to the satisfaction of the complainant and respondent

through conciliation have been unsuccessful; and

(3) a majority of the commissioners determines that the civil

action may achieve the purposes of this chapter.

(b) The complainant may intervene in a civil action brought by

the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 written notice of the complainant's right

to file a civil action.

(b) The complainant must request the notice in writing.

(d) Failure to issue the notice of a complainant's right to file

a civil action does not affect the complainant's right under this

subchapter to bring a civil action against the respondent.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 a notice of the right to

file a civil action if:

(1) the complainant alleges an unlawful employment practice

based on the complainant's status as an individual with a

life-threatening illness, as confirmed in writing by a physician

licensed to practice medicine in this state; or

(2) the executive director certifies that administrative

processing of the complaint cannot be completed before the 181st

day after the date the complaint was filed.

(b) The commission shall issue the expedited notice by certified

mail not later than the fifth business day after the date the

commission receives the written request.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 against the

respondent.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 commission certifies that the case is of general public

importance; and

(2) before commencement of the action the commission issued a

determination of reasonable cause to believe that this chapter

was violated.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 filed.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(a), eff. Sept.

1, 1995.

Sec. 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., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 respondent from engaging in an

unlawful employment practice; and

(2) order additional equitable relief as may be appropriate.

(b) Additional equitable relief may include:

(1) hiring or reinstating with or without back pay;

(2) upgrading an employee with or without pay;

(3) admitting to or restoring union membership;

(4) admitting to or participating in a guidance program,

apprenticeship, or on-the-job training or other training or

retraining program, using objective job-related criteria in

admitting an individual to a program;

(5) reporting on the manner of compliance with the terms of a

final order issued under this chapter; and

(6) paying court costs.

more than two years before the date a complaint is filed with the

commission. Interim earnings, workers' compensation benefits, and

unemployment compensation benefits received operate to reduce the

back pay otherwise allowable.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 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 section, award:

(1) compensatory damages; and

(2) punitive damages.

(b) A complainant may recover punitive damages against a

respondent, other than a respondent that is a governmental

entity, if the complainant demonstrates that the respondent

engaged in a discriminatory practice with malice or with reckless

indifference to the state-protected rig

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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