Simply put, Chapter 21 is the Texas version of major federal anti-discrimination laws, notably Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. Section 21.051 states:

An employer commits an unlawful employment practice if because of 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 would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

Pursuant to Section 21.055, retaliation is also prohibited:

An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under this chapter:

(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.

When filing a discrimination suit, a plaintiff may include separate counts for violations of Chapter 21 and the applicable federal law. However, one should always consult an employment attorney before filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission or the Civil Rights Division of the Texas Workforce Commission. In most cases, the filing of a charge of discrimination with either of these agencies is an administrative prerequisite to filing a discrimination lawsuit. Even when one is not sure an employer has violated his or her employment rights, it is advisable to consult an attorney as soon as possible in order to ensure the charge of discrimination and any subsequent lawsuit are timely filed.

If you have any questions or concerns about possible violations of Chapter 21 of the Texas Labor Code, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the Firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.