Texas Human Resources Code

§ 40.083 — EMPLOYER RETALIATION PROHIBITED

HR § 40.083Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · Ch. 40. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES · Art. C. GENERAL FUNCTIONS OF DEPARTMENT

Statute text

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(a)In this section, "adverse employment action" means an action that affects an employee's compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from submitting or supporting a report under Section 40.082.

(b)An employer may not suspend or terminate the employment of, discriminate against, or take any other adverse employment action against a person who in good faith:

(1)reports conduct constituting a criminal offense as required by Section 40.082; or

(2)initiates or cooperates with an investigation or proceeding relating to the conduct constituting a criminal offense reported under Section 40.082.

(c)An employee may sue for injunctive relief, damages, or both if, in violation of this section, the employee:

(1)is suspended or terminated from the person's employment;

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Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 1044 (S.B. 182), Sec. 1, eff. September 1, 2023.