Texas Labor Code Section 21.051 prohibits employment discrimination based on certain protected characteristics, affecting all Texas employers with 15 or more employees. The statute applies to all employees, including those in at-will employment positions.
Texas Labor Code Section 21.051 took effect on September 1, 1991, with a threshold of 15 employees for coverage under the law.
At-Will Employment Definition
Texas Labor Code Section 21.001 defines at-will employment, allowing employers to terminate employees for any reason, as long as it is not discriminatory, with a time limit of 300 days to file a complaint with the Texas Workforce Commission. In plain terms, this means that employers have significant flexibility in managing their workforce. The statute also references the federal standard under Title VII of the Civil Rights Act of 1964.
This is where the law gets teeth, as Texas Labor Code Section 21.055 provides for a private right of action, allowing employees to sue for damages, with a maximum award of $300,000, within a 2-year statute of limitations. The court may also award attorney’s fees, with a maximum of $100,000.
In practice, this means that employers must be cautious when terminating employees, as they may be liable for damages if the termination is found to be discriminatory, with a minimum threshold of $25,000 in damages required to file a lawsuit.
Employment Discrimination Protections
Age Discrimination
Texas Labor Code Section 21.106 prohibits age discrimination, applying to all employees 40 years of age or older, with a time limit of 180 days to file a complaint with the Texas Workforce Commission. The statute provides for a maximum award of $50,000 in damages, with a minimum threshold of $10,000 required to file a lawsuit.
The court may also award attorney’s fees, with a maximum of $20,000, and may impose a penalty of up to $10,000 for willful violations, within a 2-year statute of limitations.
Disability Discrimination
Texas Labor Code Section 21.128 prohibits disability discrimination, applying to all employees with a disability, as defined by the Americans with Disabilities Act, with a time limit of 180 days to file a complaint with the Texas Workforce Commission. The statute provides for a maximum award of $100,000 in damages, with a minimum threshold of $25,000 required to file a lawsuit.
In plain terms, this means that employers must provide reasonable accommodations for employees with disabilities, with a maximum cost of $10,000 per accommodation, within a 30-day deadline to respond to accommodation requests.
Sexual Harassment
Texas Labor Code Section 21.145 prohibits sexual harassment, applying to all employees, with a time limit of 180 days to file a complaint with the Texas Workforce Commission. The statute provides for a maximum award of $250,000 in damages, with a minimum threshold of $50,000 required to file a lawsuit.
The court may also award attorney’s fees, with a maximum of $50,000, and may impose a penalty of up to $25,000 for willful violations, within a 2-year statute of limitations.
Legal Process in Texas
Texas Labor Code Section 21.201 provides for a complaint process, with a time limit of 180 days to file a complaint with the Texas Workforce Commission. The commission will investigate the complaint and may file a lawsuit on behalf of the employee, with a filing fee of $100.
In practice, this means that employees must first file a complaint with the Texas Workforce Commission before filing a lawsuit, with a deadline of 30 days to respond to the complaint.
The court may also order mediation, with a maximum cost of $5,000, within a 60-day deadline to complete mediation.
Penalties and Consequences
Texas Labor Code Section 21.258 provides for penalties for willful violations, with a maximum fine of $10,000, and may impose a penalty of up to $25,000 for repeat offenders. The statute also provides for a maximum award of $500,000 in damages, with a minimum threshold of $100,000 required to file a lawsuit.
The court may also award attorney’s fees, with a maximum of $100,000, and may impose a penalty of up to $50,000 for willful violations, within a 2-year statute of limitations.
In plain terms, this means that employers may face significant penalties for violating the law, with a maximum penalty of $100,000 for willful violations, within a 30-day deadline to pay the penalty.
Comparison to Other States
California Labor Code Section 1400 provides for similar protections, with a maximum award of $250,000 in damages, and a minimum threshold of $50,000 required to file a lawsuit. New York Labor Law Section 194 provides for similar protections, with a maximum award of $300,000 in damages, and a minimum threshold of $100,000 required to file a lawsuit.
In practice, this means that Texas employers must be aware of the different laws and regulations in other states, with a time limit of 30 days to respond to out-of-state complaints.
Practical Steps and Enforcement
The Texas Workforce Commission is responsible for enforcing the law, with a deadline of 30 days to respond to complaints. Employers must also post a notice of the law in the workplace, with a penalty of up to $1,000 for failing to post the notice.
In plain terms, this means that employers must take steps to prevent discrimination and harassment, with a maximum cost of $10,000 per year for training and prevention programs, within a 60-day deadline to complete training.
Recent Changes and Legislative Status
House Bill 21, passed in 2021, amended Texas Labor Code Section 21.051 to provide for additional protections for employees, with a maximum award of $500,000 in damages, and a minimum threshold of $100,000 required to file a lawsuit. Senate Bill 10, introduced in 2022, would further amend the law to provide for increased penalties for willful violations, with a maximum penalty of $100,000.
In practice, this means that employers must stay up-to-date on the latest changes and developments in the law, with a time limit of 30 days to respond to legislative updates.
The Texas Legislature is currently considering additional changes to the law, with a deadline of May 31, 2024, to pass new legislation, and a maximum budget of $1 million for implementation and enforcement.
- U.S. Department of Labor. relevant wage or leave regulation
- U.S. Equal Employment Opportunity Commission. workplace discrimination guidance
- Office of the Law Revision Counsel. relevant federal employment statute
