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Chapter 21

Employment Discrimination

Subchapter A. General Provisions

21.001 Purposes 21.0015 Texas Workforce Commission 21.002 Definitions 21.0021 Construction of Certain Definitions 21.0022 Franchisors Excluded 21.003 General Powers and Duties of Commission 21.0035 Civilian Workforce Composition 21.004 Criminal Offense of Interference; Penalty 21.005 Construction with Other Laws 21.006 Conformity with Federal Statutes 21.007 Privileged Communication; Immunity 21.008 Limited Severability 21.009 Joinder of Commission 21.010 Employment Discrimination Training for State Employees

Subchapter B. Unlawful Employment Practices

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 21.0595 Discriminatory Leave Policy Affecting Employee's Entitlement to Personal Leave to Care for Sick Foster Child 21.060 Violation of Conciliation Agreement 21.061 Insufficient Evidence of Unlawful Practice

Subchapter C. Application; Exceptions

21.101 Age Discrimination Limited to Individuals of Certain Age 21.102 Bona Fide Employee Benefit Plan; Production Measurement System 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 21.1065 Sexual Harassment Protections for Unpaid Interns 21.107 Effect on Abortion Benefits 21.108 Discrimination Based on Religion 21.109 Employment by Religious Organization 21.1095 Racial Discrimination Based on Hair Texture or Protective Hairstyle 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; Good Faith Effort 21.129 Court-Ordered Remedies, Affirmative Action Agreements, and Conciliation Agreements Not Affected

Subchapter C-1. Sexual Harassment

21.141 Definitions 21.142 Unlawful Employment Practice

Subchapter D. Local Enforcement

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

Subchapter E. Administrative Review

21.201 Filing of Complaint; Form and Content; Service 21.202 Statute of Limitations 21.203 Alternative Dispute Resolution; Office 21.204 Investigation by Commission 21.205 Lack of Reasonable Cause; Dismissal of Complaint 21.206 Determination of Reasonable Cause; Review by Commission 21.207 Resolution by Informal Methods 21.208 Notice of Dismissal or Unresolved Complaint 21.210 Temporary Injunctive Relief 21.211 Election of Remedies

Subchapter F. Judicial Enforcement

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; Equitable Relief 21.2585 Compensatory and Punitive Damages 21.259 Attorney's Fees; Costs 21.260 Relief for Disabled Employee or Applicant 21.261 Compelled Compliance 21.262 Trial De Novo

Subchapter G. Records

21.301 Recordkeeping; Reports 21.302 Records; Training Program 21.303 Conformity to Federal Law 21.304 Confidentiality of Records 21.305 Access to Commission Records 21.306 Subpoena of Record or Report

Subchapter H. Discriminatory Use of Genetic Information

21.401 Definitions 21.402 Discriminatory Use of Genetic Information Prohibited 21.403 Confidentiality of Genetic Information 21.4031 Exceptions to Confidentiality 21.4032 Authorized Disclosure 21.404 Disclosure of Test Results to Individual Tested 21.405 Destruction of Sample Material; Exceptions

Subchapter I. Personnel Policies and Procedures

21.451 Definition 21.452 Development and Implementation of Personnel Policies and Procedures 21.453 Review 21.454 Compliance Report 21.455 Reimbursement; Audit 21.456 Failure to Comply with Subchapter; Administrative Penalty

Subchapter J. Hiring Practices

21.501 Workforce Analysis 21.502 Recruitment Plan 21.503 Effect on Remedies under Other Laws 21.504 Annual Report

Subchapter K. Equal Employment Opportunity Reports

21.551 Definition 21.552 Equal Employment Opportunity Report Required 21.553 Cooperation with Comptroller and Uniform Statewide Accounting System; Report 21.554 Form 21.555 Failure to File Required Report; Administrative Penalty 21.556 Required Compliance Training for State Agencies