Tex. Lab. Code § 21.125

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 21.125 - Clarifying Prohibition Against Impermissible Consideration of Race, Color, Sex, National Origin, Religion, Age, or Disability in Employment Practices
(a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age, or disability was a motivating factor for an employment practice, even if other factors also motivated the practice, unless race, color, sex, national origin, religion, age, or disability is combined with objective job-related factors to attain diversity in the employer's work force.
(b) In a complaint in which a complainant proves a violation under Subsection (a) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court may grant declaratory relief, injunctive relief except as otherwise provided by this subsection, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a complaint under Subsection (a), but may not award damages or issue an order requiring an admission, reinstatement, hiring, promotion, or back pay.

Tex. Lab. Code § 21.125

Amended by Acts 1997, 75th Leg., ch. 1126, Sec. 1, eff. 9/1/1997.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. 9/1/1995.