CHAPTER 21. EMPLOYMENT DISCRIMINATION
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;
(C) acquisition or modification of equipment or devices; and
(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;
or
(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);
(C) an individual elected to public office in this state or 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
(C) an agent of a labor organization.
(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
(C) an institution of higher education as defined by Section
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.
(c) The commission biennially shall develop an inventory of
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;
(C) Hispanic 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;
(C) technical;
(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.
(c) Nothing in this chapter may be construed as the basis for a
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.
(c) If a limit on damages prescribed by Section 21.2585 is
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.
(c) Notwithstanding any other provision of state law, including
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.
(c) Each employee of a state agency shall attend the training
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
(C) cause or attempt to cause an employer to violate this
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.
(c) This section does not apply to standards of compensation or
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;
(C) admitted to membership or classified by a labor
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.).
(c) To demonstrate that a particular employment practice causes
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.
(c) In a complaint in which a discriminatory employment practice
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.
(c) If the local commission does not act on the complaint within
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.
(c) The complaint must state:
(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.
(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.
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.
(c) The executive director may issue the notice.
(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.
(c) Liability under a back pay award may not accrue for a date
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