Sec. 437.409. TEMPORARY INJUNCTIVE RELIEF. (a) If the commission concludes from a preliminary investigation of an unlawful employment practice arising under Section 437.204 alleged in a complaint that prompt judicial action is necessary, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this subchapter.
(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.
(c) A court may not issue temporary injunctive relief unless the 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
Structure Texas Statutes
Subtitle C - State Military Forces and Veterans
Subchapter I. Administrative Review and Judicial Enforcement
Section 437.402. Filing of Complaint; Form and Content; Service
Section 437.403. Alternative Dispute Resolution
Section 437.404. Investigation by Commission
Section 437.405. Lack of Reasonable Cause; Dismissal of Complaint
Section 437.406. Determination of Reasonable Cause; Review by Panel
Section 437.407. Resolution by Informal Methods
Section 437.408. Notice of Dismissal or Unresolved Complaint
Section 437.409. Temporary Injunctive Relief
Section 437.410. Civil Action by Commission
Section 437.411. Notice of Complainant's Right to File Civil Action
Section 437.412. Civil Action by Complainant
Section 437.413. Commission's Intervention in Civil Action by Complainant
Section 437.414. Assignment to Early Hearing
Section 437.415. Injunction; Equitable Relief
Section 437.416. Compensatory and Punitive Damages
Section 437.417. Attorney's Fees; Costs