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LABCH21 - TITLE 2 PROTECTION OF LABORERS SUBTITLE A...

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Sheet1 Page 1 TITLE 2. PROTECTION OF LABORERS SUBTITLE A. EMPLOYMENT DISCRIMINATION CHAPTER 21. EMPLOYMENT DISCRIMINATION SUBCHAPTER A. GENERAL PROVISIONS § 21.001. Purposes The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section 2000e et seq.) (2) identify and create an authority that meets the criteria under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section 633 (3) provide for the execution of the policies embodied in Title I of the Americans with Disabilities Act of 1990 and its subsequent amendments (42 U.S.C. Section 12101 et seq.) (4) secure for persons in this state, including persons with disabilities, freedom from discrimination in certain employment transactions, in order to protect their personal dignity (5) make available to the state the full productive capacities of persons in this state (6) avoid domestic strife and unrest in this state (7) preserve the public safety, health, and general welfare (8) promote the interests, rights, and privileges of persons in this state. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 9.01(a), eff. Sept. 1, 1995. § 21.002. Definitions In this chapter: (1) "Bona fide occupational qualification" means a qualification: (A) reasonably related to the satisfactory performance of the duties of a job (B) for which a factual basis exists for the belief that no person of an excluded group would be able to satisfactorily perform the duties of the job with safety or efficiency.
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Sheet1 Page 2 (2) "Commission" means the Commission on Human Rights. (3) "Commissioner" means a member of the commission. (4) "Complainant" means an individual who brings an action or proceeding under this chapter. (5) "Demonstrates" means meets the burdens of production and persuasion. (6) "Disability" means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include: (A) a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance (B) a currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected person unable to perform the duties of the person's employment. (7) "Employee" means an individual employed by an employer, including an individual subject to the civil service laws of this state or a political subdivision of this state, except that the term does not include an individual elected to public office in this state or a political subdivision of this state.
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