Jenny Nguyen’s Legal Blog

Important age discrimination provisions are found in Sections 21.054, 21. 101 and 21.104 of the Texas Labor Code.   
The provisions of the Texas Labor Code dictate that discrimination due to age or on the basis of age apply only to discrimination against an individual 40 years of age or older.
However, an employer does not commit an unlawful employment practice […]

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Section 21.051 of the Texas Labor Code states that an employer discriminates and commits an unlawful employment practice because of race, color, disability, religion, sex, national origin, or age.
 Situations where an employer discriminates are when the employer:
(1)  fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual […]

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Chapter 21 of the Texas Labor Code states that “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 […]

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Texas Labor Code defines “Bona fide occupational qualification” to mean 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.

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The general purposes of chapter 21 of Texas Labor Code are to:       
(1)  provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section 2000e et seq.);
(2)  identify and create an authority that meets the criteria under 42 U.S.C. Section 2000e-5(c) and 29 […]

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