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.
Structure Texas Statutes
Title 2 - Protection of Laborers
Subtitle A - Employment Discrimination
Chapter 21 - Employment Discrimination
Subchapter C. Application; Exceptions
Section 21.101. Age Discrimination Limited to Individuals of Certain Age
Section 21.102. Bona Fide Employee Benefit Plan; Production Measurement System
Section 21.103. Compulsory Retirement Permitted for Certain Employees
Section 21.104. Age Requirement for Peace Officers or Fire Fighters
Section 21.105. Discrimination Based on Disability
Section 21.106. Sex Discrimination
Section 21.1065. Sexual Harassment Protections for Unpaid Interns
Section 21.107. Effect on Abortion Benefits
Section 21.108. Discrimination Based on Religion
Section 21.109. Employment by Religious Organization
Section 21.110. Discrimination Based on National Origin
Section 21.111. Person Employed Out of State
Section 21.112. Employees at Different Locations
Section 21.113. Imbalance Plan Not Required
Section 21.114. Plan to End Discriminatory School Practices
Section 21.115. Business Necessity
Section 21.116. Reliance on Commission Interpretation or Opinion
Section 21.117. Employment of Family Member
Section 21.118. Statewide Hometown Plan
Section 21.119. Bona Fide Occupational Qualification
Section 21.120. Use or Possession of Controlled Substance
Section 21.121. Work Force Diversity Programs
Section 21.122. Burden of Proof in Disparate Impact Cases
Section 21.123. Scope of Defense
Section 21.124. Prohibition Against Discriminatory Use of Test Scores
Section 21.127. Expansion of Rights to Challenge Discriminatory Seniority Systems