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Chapter 21 - Employment Discrimination
Subchapter A. General Provisions
Section 21.001. Purposes - Sec. 21.001. PURPOSES. The general purposes of this chapter are...
Section 21.0015. Texas Workforce Commission - Sec. 21.0015. TEXAS WORKFORCE COMMISSION. The powers and duties exercised...
Section 21.002. Definitions - Sec. 21.002. DEFINITIONS. In this chapter: (1) "Auxiliary aids and...
Section 21.0021. Construction of Certain Definitions - Sec. 21.0021. CONSTRUCTION OF CERTAIN DEFINITIONS. (a) The term "disability":...
Section 21.0022. Franchisors Excluded - Sec. 21.0022. FRANCHISORS EXCLUDED. (a) In this section, "franchisee" and...
Section 21.003. General Powers and Duties of Commission - Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The...
Section 21.0035. Civilian Workforce Composition - Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION. (a) The commission by rule...
Section 21.004. Criminal Offense of Interference; Penalty - Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY. (a) A person...
Section 21.005. Construction With Other Laws - Sec. 21.005. CONSTRUCTION WITH OTHER LAWS. (a) This chapter does...
Section 21.006. Conformity With Federal Statutes - Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES. If a provision of...
Section 21.007. Privileged Communication; Immunity - Sec. 21.007. PRIVILEGED COMMUNICATION; IMMUNITY. An oral or written statement...
Section 21.008. Limited Severability - Sec. 21.008. LIMITED SEVERABILITY. (a) If any clause, sentence, subsection,...
Section 21.009. Joinder of Commission - Sec. 21.009. JOINDER OF COMMISSION. (a) In any civil action...
Section 21.010. Employment Discrimination Training for State Employees - Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES. (a) Each...
Subchapter B. Unlawful Employment Practices
Section 21.051. Discrimination by Employer - Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer commits an unlawful...
Section 21.052. Discrimination by Employment Agency - Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An employment agency commits...
Section 21.053. Discrimination by Labor Organization - Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor organization commits...
Section 21.054. Admission or Participation in Training Program - Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM. (a) Unless...
Section 21.055. Retaliation - Sec. 21.055. RETALIATION. An employer, labor union, or employment agency...
Section 21.056. Aiding or Abetting Discrimination - Sec. 21.056. AIDING OR ABETTING DISCRIMINATION. An employer, labor union,...
Section 21.057. Interference With Commission - Sec. 21.057. INTERFERENCE WITH COMMISSION. An employer, labor union, or...
Section 21.058. Prevention of Compliance - Sec. 21.058. PREVENTION OF COMPLIANCE. An employer, labor union, or...
Section 21.059. Discriminatory Notice or Advertisement - Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a) An employer, labor...
Section 21.0595. Discriminatory Leave Policy Affecting Employee's Entitlement to Personal Leave to Care for Sick Foster Child - Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING EMPLOYEE'S ENTITLEMENT TO PERSONAL...
Section 21.060. Violation of Conciliation Agreement - Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party to a...
Section 21.061. Insufficient Evidence of Unlawful Practice - Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE. In the absence...
Subchapter C. Application; Exceptions
Section 21.101. Age Discrimination Limited to Individuals of Certain Age - Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF CERTAIN AGE....
Section 21.102. Bona Fide Employee Benefit Plan; Production Measurement System - Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION MEASUREMENT SYSTEM....
Section 21.103. Compulsory Retirement Permitted for Certain Employees - Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN EMPLOYEES. This chapter...
Section 21.104. Age Requirement for Peace Officers or Fire Fighters - Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE FIGHTERS....
Section 21.105. Discrimination Based on Disability - Sec. 21.105. DISCRIMINATION BASED ON DISABILITY. A provision in this...
Section 21.106. Sex Discrimination - Sec. 21.106. SEX DISCRIMINATION. (a) A provision in this chapter...
Section 21.1065. Sexual Harassment Protections for Unpaid Interns - Sec. 21.1065. SEXUAL HARASSMENT PROTECTIONS FOR UNPAID INTERNS. (a) In...
Section 21.107. Effect on Abortion Benefits - Sec. 21.107. EFFECT ON ABORTION BENEFITS. This chapter does not:...
Section 21.108. Discrimination Based on Religion - Sec. 21.108. DISCRIMINATION BASED ON RELIGION. A provision in this...
Section 21.109. Employment by Religious Organization - Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION. (a) A religious corporation,...
Section 21.110. Discrimination Based on National Origin - Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A provision in...
Section 21.111. Person Employed Out of State - Sec. 21.111. PERSON EMPLOYED OUT OF STATE. This chapter does...
Section 21.112. Employees at Different Locations - Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer does not...
Section 21.113. Imbalance Plan Not Required - Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter does not...
Section 21.114. Plan to End Discriminatory School Practices - Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES. A public...
Section 21.115. Business Necessity - Sec. 21.115. BUSINESS NECESSITY. (a) Subject to Subsection (b), an...
Section 21.116. Reliance on Commission Interpretation or Opinion - Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION OR OPINION. (a) A...
Section 21.117. Employment of Family Member - Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B does not...
Section 21.118. Statewide Hometown Plan - Sec. 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does not apply...
Section 21.119. Bona Fide Occupational Qualification - Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If disability, religion, sex,...
Section 21.120. Use or Possession of Controlled Substance - Sec. 21.120. USE OR POSSESSION OF CONTROLLED SUBSTANCE. (a) An...
Section 21.121. Work Force Diversity Programs - Sec. 21.121. WORK FORCE DIVERSITY PROGRAMS. An employer does not...
Section 21.122. Burden of Proof in Disparate Impact Cases - Sec. 21.122. BURDEN OF PROOF IN DISPARATE IMPACT CASES. (a)...
Section 21.123. Scope of Defense - Sec. 21.123. SCOPE OF DEFENSE. A demonstration that an employment...
Section 21.124. Prohibition Against Discriminatory Use of Test Scores - Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES. It...
Section 21.125. Clarifying Prohibition Against Impermissible Consideration of Race, Color, Sex, National Origin, Religion, Age, or Disability in Employment Practices - Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR,...
Section 21.126. Coverage of Previously Exempt Employees of the State or Political Subdivision of the State - Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE STATE...
Section 21.127. Expansion of Rights to Challenge Discriminatory Seniority Systems - Sec. 21.127. EXPANSION OF RIGHTS TO CHALLENGE DISCRIMINATORY SENIORITY SYSTEMS....
Section 21.128. Reasonable Accommodation; Good Faith Effort - Sec. 21.128. REASONABLE ACCOMMODATION; GOOD FAITH EFFORT. (a) It is...
Section 21.129. Court-Ordered Remedies, Affirmative Action Agreements, and Conciliation Agreements Not Affected - Sec. 21.129. COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION AGREEMENTS, AND CONCILIATION AGREEMENTS...
Subchapter C. -1. Sexual Harassment
Section 21.141. Definitions - Sec. 21.141. DEFINITIONS. In this subchapter: (1) "Employer" means a...
Section 21.142. Unlawful Employment Practice - Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer commits an unlawful...
Subchapter D. Local Enforcement
Section 21.151. Enforcement by Ordinance - Sec. 21.151. ENFORCEMENT BY ORDINANCE. A political subdivision may adopt...
Section 21.152. Creation of Local Commission - Sec. 21.152. CREATION OF LOCAL COMMISSION. (a) A political subdivision...
Section 21.153. General Powers and Duties of Local Commission - Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION. (a)...
Section 21.154. Investigatory and Conciliatory Powers of Local Commission - Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL COMMISSION. (a)...
Section 21.155. Referral to Local Commission and Action on Complaints - Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON COMPLAINTS....
Section 21.156. Referral by Local Commission to State Commission - Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE COMMISSION. A...
Subchapter E. Administrative Review
Section 21.201. Filing of Complaint; Form and Content; Service - Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE. (a)...
Section 21.202. Statute of Limitations - Sec. 21.202. STATUTE OF LIMITATIONS. (a) Except as provided by...
Section 21.203. Alternative Dispute Resolution; Office - Sec. 21.203. ALTERNATIVE DISPUTE RESOLUTION; OFFICE. (a) The use of...
Section 21.204. Investigation by Commission - Sec. 21.204. INVESTIGATION BY COMMISSION. (a) The executive director or...
Section 21.205. Lack of Reasonable Cause; Dismissal of Complaint - Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF COMPLAINT. (a)...
Section 21.206. Determination of Reasonable Cause; Review by Commission - Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY COMMISSION. (a)...
Section 21.207. Resolution by Informal Methods - Sec. 21.207. RESOLUTION BY INFORMAL METHODS. (a) If a determination...
Section 21.208. Notice of Dismissal or Unresolved Complaint - Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT. If the...
Section 21.210. Temporary Injunctive Relief - Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF. (a) If the commission concludes...
Section 21.211. Election of Remedies - Sec. 21.211. ELECTION OF REMEDIES. A person who has initiated...
Subchapter F. Judicial Enforcement
Section 21.251. Civil Action by Commission - Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The commission may...
Section 21.252. Notice of Complainant's Right to File Civil Action - Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION....
Section 21.253. Expedited Notice of Complainant's Right to File Civil Action - Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL...
Section 21.254. Civil Action by Complainant - Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Within 60 days after...
Section 21.255. Commission's Intervention in Civil Action by Complainant - Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION BY COMPLAINANT. After...
Section 21.256. Statute of Limitations - Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not...
Section 21.257. Assignment to Early Hearing - Sec. 21.257. ASSIGNMENT TO EARLY HEARING. The court shall set...
Section 21.258. Injunction; Equitable Relief - Sec. 21.258. INJUNCTION; EQUITABLE RELIEF. (a) On finding that a...
Section 21.2585. Compensatory and Punitive Damages - Sec. 21.2585. COMPENSATORY AND PUNITIVE DAMAGES. (a) On finding that...
Section 21.259. Attorney's Fees; Costs - Sec. 21.259. ATTORNEY'S FEES; COSTS. (a) In a proceeding under...
Section 21.260. Relief for Disabled Employee or Applicant - Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If the...
Section 21.261. Compelled Compliance - Sec. 21.261. COMPELLED COMPLIANCE. If an employer, employment agency, or...
Section 21.262. Trial De Novo - Sec. 21.262. TRIAL DE NOVO. (a) A judicial proceeding under...
Subchapter G. Records
Section 21.301. Recordkeeping; Reports - Sec. 21.301. RECORDKEEPING; REPORTS. A person under investigation in connection...
Section 21.302. Records; Training Program - Sec. 21.302. RECORDS; TRAINING PROGRAM. The commission by rule shall...
Section 21.303. Conformity to Federal Law - Sec. 21.303. CONFORMITY TO FEDERAL LAW. A report or record...
Section 21.304. Confidentiality of Records - Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or employee of...
Section 21.305. Access to Commission Records - Sec. 21.305. ACCESS TO COMMISSION RECORDS. (a) Except as provided...
Section 21.306. Subpoena of Record or Report - Sec. 21.306. SUBPOENA OF RECORD OR REPORT. (a) If a...
Subchapter H. Discriminatory Use of Genetic Information
Section 21.401. Definitions - Sec. 21.401. DEFINITIONS. In this subchapter: (1) "DNA" means deoxyribonucleic...
Section 21.402. Discriminatory Use of Genetic Information Prohibited - Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED. (a) An...
Section 21.403. Confidentiality of Genetic Information - Sec. 21.403. CONFIDENTIALITY OF GENETIC INFORMATION. (a) Except as provided...
Section 21.4031. Exceptions to Confidentiality - Sec. 21.4031. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject to Subchapter G,...
Section 21.4032. Authorized Disclosure - Sec. 21.4032. AUTHORIZED DISCLOSURE. An individual or the legal representative...
Section 21.404. Disclosure of Test Results to Individual Tested - Sec. 21.404. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED. An...
Section 21.405. Destruction of Sample Material; Exceptions - Sec. 21.405. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of...
Subchapter I. Personnel Policies and Procedures
Section 21.451. Definition - Sec. 21.451. DEFINITION. In this subchapter, "state agency" does not...
Section 21.452. Development and Implementation of Personnel Policies and Procedures - Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL POLICIES AND PROCEDURES....
Section 21.453. Review - Sec. 21.453. REVIEW. (a) Except as provided by Subsection (a-1),...
Section 21.454. Compliance Report - Sec. 21.454. COMPLIANCE REPORT. Not later than 60 days after...
Section 21.455. Reimbursement; Audit - Sec. 21.455. REIMBURSEMENT; AUDIT. (a) A state agency shall reimburse...
Section 21.456. Failure to Comply With Subchapter; Administrative Penalty - Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY. (a)...
Subchapter J. Hiring Practices
Section 21.501. Workforce Analysis - Sec. 21.501. WORKFORCE ANALYSIS. Each state fiscal biennium, each state...
Section 21.502. Recruitment Plan - Sec. 21.502. RECRUITMENT PLAN. Based upon a workforce availability analysis...
Section 21.503. Effect on Remedies Under Other Laws - Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This subchapter...
Section 21.504. Annual Report - Sec. 21.504. ANNUAL REPORT. Not later than November 1 of...
Subchapter K. Equal Employment Opportunity Reports
Section 21.551. Definition - Sec. 21.551. DEFINITION. In this subchapter, "racial and ethnic group"...
Section 21.552. Equal Employment Opportunity Report Required - Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED. (a) Not later...
Section 21.553. Cooperation With Comptroller and Uniform Statewide Accounting System; Report - Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING SYSTEM;...
Section 21.554. Form - Sec. 21.554. FORM. Not later than December 15 of each...
Section 21.555. Failure to File Required Report; Administrative Penalty - Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE PENALTY. (a)...
Section 21.556. Required Compliance Training for State Agencies - Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES. (a) A...
Chapter 22 - Employment Discrimination for Participating in Emergency Evacuation
Section 22.001. Definitions - Sec. 22.001. DEFINITIONS. In this chapter: (1) "Disaster" means the...
Section 22.002. Discrimination Prohibited - Sec. 22.002. DISCRIMINATION PROHIBITED. An employer may not discharge or...
Section 22.003. Liability; Reinstatement - Sec. 22.003. LIABILITY; REINSTATEMENT. (a) An employer who violates Section...
Section 22.004. Exemption; Emergency Services Personnel - Sec. 22.004. EXEMPTION; EMERGENCY SERVICES PERSONNEL. (a) Section 22.002 does...
Chapter 23 - Voluntary Veteran's Employment Preference for Private Employers
Section 23.001. Definition - Sec. 23.001. DEFINITION. In this chapter, "veteran" means an individual...
Section 23.002. Voluntary Preference Policy - Sec. 23.002. VOLUNTARY PREFERENCE POLICY. (a) A private employer may...
Section 23.003. Application of Policy - Sec. 23.003. APPLICATION OF POLICY. (a) A private employer shall...