40 Tex. Admin. Code § 819.12 - Unlawful Employment Practices
Current through Reg. 46, No. 53; December 31, 2021
(a)
Discrimination by Employer. An employer commits an unlawful employment practice
if based on 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 deprives or tends to deprive an individual of an employment
opportunity or adversely affects in any other manner the status of an
employee.
(b)
Discrimination by Employment Agency. An employment agency commits an unlawful
employment practice if based on race, color, disability, religion, sex,
national origin, or age, it:
(1) fails or
refuses to refer for employment or discriminates in any other manner against an
individual; or
(2) classifies or
refers an individual for employment on that basis.
(c) Discrimination by Labor Organization. A
labor organization commits an unlawful employment practice if based on race,
color, disability, religion, sex, national origin, or age, it:
(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:
(A) deprives or tends to deprive an
individual of any employment opportunity;
(B) limits an employment opportunity or
adversely affects in any other manner the status of an employee or of an
applicant for employment; or
(C)
causes or attempts to cause an employer to violate this subchapter.
(d) Admission or
Participation in Training Program. 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 based on race, color, disability, religion, sex, national origin, or age, it
discriminates against an individual in admission to or participation in the
program, unless a training or retraining opportunity or program is provided
under an affirmative action plan approved by federal or state law, rule, or
court order. The prohibition against discrimination based on age applies only
to individuals who are at least 40 years of age.
(e) Retaliation. An employer, employment
agency, or labor organization, commits an unlawful employment practice based on
race, color, disability, religion, sex, national origin, or age if the
employer, employment agency, or labor organization retaliates or discriminates
against an individual who:
(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.
(f) Aiding or
Abetting Discrimination. An employer, employment agency, or labor organization
commits an unlawful employment practice if it aids, abets, incites, or coerces
an individual to engage in an unlawful discriminatory practice based on race,
color, disability, religion, sex, national origin, or age.
(g) Interference with the Agency or CRD. An
employer, employment agency, or labor organization commits an unlawful
employment practice if it willfully interferes with the performance of a duty
or the exercise of a power by CRD or by the Agency in relation to
CRD.
(h) Prevention of Compliance.
An employer, employment agency, or labor organization commits an unlawful
employment practice if it willfully obstructs or prevents an individual from
complying with Texas Labor Code, Chapter 21, or a rule adopted or order issued
under Texas Labor Code, Chapter 21.
(i) Discriminatory Notice or Advertisement.
An employer, employment agency, 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 it 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
organization or training or retraining program.
(j) Bona Fide Occupational Qualification. A
bona fide occupational qualification is an affirmative defense to
discrimination.
Notes
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