Tex. Labor Code Section 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 (Compulsory Retirement Permitted for Certain Employees).

(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.

Source: Section 21.102 — Bona Fide Employee Benefit Plan; Production Measurement System, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­21.­htm#21.­102 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 21.102’s source at texas​.gov