Tex. Labor Code Section 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Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(2).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 (Definitions), Health and Safety Code, or required to be reported under Section 81.041 (Reportable Diseases), 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 (Definitions), 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 (H.B. 978), Sec. 1, eff. September 1, 2009.

Source: Section 21.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­21.­htm#21.­002 (accessed Apr. 20, 2024).

21.001
Purposes
21.002
Definitions
21.003
General Powers and Duties of Commission
21.004
Criminal Offense of Interference
21.005
Construction with Other Laws
21.006
Conformity with Federal Statutes
21.007
Privileged Communication
21.008
Limited Severability
21.009
Joinder of Commission
21.010
Employment Discrimination Training for State Employees
21.0015
Texas Workforce Commission
21.0021
Construction of Certain Definitions
21.0022
Franchisors Excluded
21.0035
Civilian Workforce Composition
21.051
Discrimination by Employer
21.052
Discrimination by Employment Agency
21.053
Discrimination by Labor Organization
21.054
Admission or Participation in Training Program
21.055
Retaliation
21.056
Aiding or Abetting Discrimination
21.057
Interference with Commission
21.058
Prevention of Compliance
21.059
Discriminatory Notice or Advertisement
21.060
Violation of Conciliation Agreement
21.061
Insufficient Evidence of Unlawful Practice
21.101
Age Discrimination Limited to Individuals of Certain Age
21.102
Bona Fide Employee Benefit Plan
21.103
Compulsory Retirement Permitted for Certain Employees
21.104
Age Requirement for Peace Officers or Fire Fighters
21.105
Discrimination Based on Disability
21.106
Sex Discrimination
21.107
Effect on Abortion Benefits
21.108
Discrimination Based on Religion
21.109
Employment by Religious Organization
21.110
Discrimination Based on National Origin
21.111
Person Employed out of State
21.112
Employees at Different Locations
21.113
Imbalance Plan Not Required
21.114
Plan to End Discriminatory School Practices
21.115
Business Necessity
21.116
Reliance on Commission Interpretation or Opinion
21.117
Employment of Family Member
21.118
Statewide Hometown Plan
21.119
Bona Fide Occupational Qualification
21.120
Use or Possession of Controlled Substance
21.121
Work Force Diversity Programs
21.122
Burden of Proof in Disparate Impact Cases
21.123
Scope of Defense
21.124
Prohibition Against Discriminatory Use of Test Scores
21.125
Clarifying Prohibition Against Impermissible Consideration of Race, Color, Sex, National Origin, Religion, Age, or Disability in Employment Practices
21.126
Coverage of Previously Exempt Employees of the State or Political Subdivision of the State
21.127
Expansion of Rights to Challenge Discriminatory Seniority Systems
21.128
Reasonable Accommodation
21.129
Court-ordered Remedies, Affirmative Action Agreements, and Conciliation Agreements Not Affected
21.141
Definitions
21.142
Unlawful Employment Practice
21.151
Enforcement by Ordinance
21.152
Creation of Local Commission
21.153
General Powers and Duties of Local Commission
21.154
Investigatory and Conciliatory Powers of Local Commission
21.155
Referral to Local Commission and Action on Complaints
21.156
Referral by Local Commission to State Commission
21.201
Filing of Complaint
21.202
Statute of Limitations
21.203
Alternative Dispute Resolution
21.204
Investigation by Commission
21.205
Lack of Reasonable Cause
21.206
Determination of Reasonable Cause
21.207
Resolution by Informal Methods
21.208
Notice of Dismissal or Unresolved Complaint
21.210
Temporary Injunctive Relief
21.211
Election of Remedies
21.251
Civil Action by Commission
21.252
Notice of Complainant’s Right to File Civil Action
21.253
Expedited Notice of Complainant’s Right to File Civil Action
21.254
Civil Action by Complainant
21.255
Commission’s Intervention in Civil Action by Complainant
21.256
Statute of Limitations
21.257
Assignment to Early Hearing
21.258
Injunction
21.259
Attorney’s Fees
21.260
Relief for Disabled Employee or Applicant
21.261
Compelled Compliance
21.262
Trial De Novo
21.301
Recordkeeping
21.302
Records
21.303
Conformity to Federal Law
21.304
Confidentiality of Records
21.305
Access to Commission Records
21.306
Subpoena of Record or Report
21.401
Definitions
21.402
Discriminatory Use of Genetic Information Prohibited
21.403
Confidentiality of Genetic Information
21.404
Disclosure of Test Results to Individual Tested
21.405
Destruction of Sample Material
21.451
Definition
21.452
Development and Implementation of Personnel Policies and Procedures
21.453
Review
21.454
Compliance Report
21.455
Reimbursement
21.456
Failure to Comply with Subchapter
21.501
Workforce Analysis
21.502
Recruitment Plan
21.503
Effect on Remedies Under Other Laws
21.504
Annual Report
21.551
Definition
21.552
Equal Employment Opportunity Report Required
21.553
Cooperation with Comptroller and Uniform Statewide Accounting System
21.554
Form
21.555
Failure to File Required Report
21.556
Required Compliance Training for State Agencies
21.0595
Discriminatory Leave Policy Affecting Employee’s Entitlement to Personal Leave to Care for Sick Foster Child
21.1065
Sexual Harassment Protections for Unpaid Interns
21.1095
Racial Discrimination Based on Hair Texture or Protective Hairstyle
21.2585
Compensatory and Punitive Damages
21.4031
Exceptions to Confidentiality
21.4032
Authorized Disclosure

Accessed:
Apr. 20, 2024

§ 21.002’s source at texas​.gov