The following words and terms, when used in Subchapter B,
Equal Employment Opportunity Provisions; Subchapter C, Equal Employment
Opportunity Reports, Training, and Reviews; Subchapter D, Equal Employment
Opportunity Complaints and Appeals Process; Subchapter E, Equal Employment
Opportunity Deferrals; and Subchapter F, Equal Employment Opportunity Records
and Recordkeeping shall have the following meanings, unless the context clearly
occupational qualification--A qualification:
(A) that is reasonably related to the
satisfactory performance of the duties of a job; and
(B) for which there is a factual basis for
believing that no members of the excluded group would be able to satisfactorily
perform the duties of the job with safety and efficiency.
(2) Civil Rights Act--The Civil Rights Act of
1964, as amended by the Equal Employment Opportunity Act of 1972 and the Civil
Rights Act of 1991; the Age Discrimination in Employment Act of 1976, as
amended; the Rehabilitation Act of 1973, as amended; the Americans with
Disabilities Act of 1990, as amended; and Texas Labor Code, Chapter 21,
regarding Employment Discrimination.
(3) Complaint--A written statement made under
oath stating that an unlawful employment practice has been committed, setting
forth the facts on which the complaint is based, and received within 180 days
of the alleged unlawful employment practice.
(4) Conciliation--The settlement of a dispute
by mutual written agreement in order to avoid litigation where a determination
has been made that there is reasonable cause to believe an unlawful employment
practice has occurred.
Disability--A mental or physical impairment that substantially limits at least
one major life activity of an individual, a record of such mental or physical
impairment, or being regarded as having such an impairment as set forth in
§3(2) of the Americans with Disabilities Act of 1990, as amended, and
Texas Labor Code §
(6) Employer--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 and any agent of that person. The term includes an individual elected to
public office in Texas or a political subdivision of Texas, or a political
subdivision and any state agency or instrumentality, including public
institutions of higher education, regardless of the number of individuals
employed. The term excludes a franchisor from being considered an employer of a
franchisee or a franchisee's employees. The term also exempts the Texas
Military Forces from being an employer, as claims of discrimination against the
Texas Military Forces by service members on state active duty shall be
processed in accordance with military regulations and procedures as authorized
by Texas Government Code §
(7) Local commission--Created by one or more
political subdivisions acting jointly, pursuant to Texas Labor Code §
and recognized as a Fair Employment Practices Agency by EEOC pursuant to U.S.
Civil Rights Act, Title VII, §706, as amended by the Equal Employment
Opportunity Act of 1972, the Civil Rights Act of 1991, and the Americans With
Disabilities Act of 1990, as amended.
(8) Mediation--An alternative dispute
resolution process to resolve a dispute by mutual written agreement among the
complainant, respondent, and CRD .
(9) Perfected complaint--An employment
discrimination complaint that CRD has determined meets all of the requirements
of Texas Labor Code, Chapter 21, and for which CRD will initiate an