| (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.
(k) Sexual Harassment. An employer commits an unlawful
employment practice if sexual harassment of an employee occurs and
the employer or the employer's agents or supervisors:
(1) knows or should have known that the conduct constituting
sexual harassment was occurring; and
(2) fails to take immediate and appropriate corrective
action.
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