Texas Labor Code

§ 21.115 — BUSINESS NECESSITY

LA § 21.115Title 2. PROTECTION OF LABORERS · Part A. EMPLOYMENT DISCRIMINATION · Ch. 21. EMPLOYMENT DISCRIMINATION · Art. C. APPLICATION; EXCEPTIONS

Statute text

View on source

(a)Subject to Subsection (b), an employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer establishes that the practice:

(1)is not intentionally devised or operated to contravene the prohibitions of this chapter; and

(2)is justified by business necessity.

(b)An employer may not use a qualification standard, employment test, or other selection criterion based on an individual's uncorrected vision unless the standard, test, or criterion is consistent with business necessity and job-related for the position to which the standard, test, or criterion applies. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by:

Legislative history

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 4, eff. September 1, 2009.