The following words and terms, when used in these chapters, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Texas Commission on Human Rights Act, Texas Labor Code, §21.001 et seq., formerly Texas Revised Civil Statutes, Article 5221k, as amended by House Bill 860, Acts 1993, 73rd Legislature, Chapter 276 effective September 1, 1993. The 1995 codification of the Act in the Texas Government and Labor Codes now incorporates the 1993 legislative amendments to Article 5221k. Therefore, these rules refer to provisions of the amended Code.
2. (2) Age--"Because of" or "on the basis of age" refers only to discrimination because of age or on the basis of age against an individual 40 years of age or older. Nothing in the Texas Labor Code prohibits the compulsory retirement of any employee who has attained 65 years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or high policy-making position, if the employee is entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of plans, of the employer of the employee, that equals, in the aggregate, at least $27,000. For purposes of the Texas Labor Code, §21.054(b), "because of age" refers only to discrimination because of age against an individual who is at least 40 years of age but younger than 56 years of age.
3. (3) Alternative dispute resolution--Mediation in which an impartial person facilitates communications between parties to promote voluntary settlement of the dispute.

4. (4) Bona fide occupational qualification--A qualification:

   1. (A) that is reasonably related to the satisfactory performance of the duties of a job; and
   2. (B) for which there is a factual basis for believing that no persons of the excluded group would be able to perform satisfactorily the duties of the job with safety and efficiency.
5. (5) Chairman--That member of the commission designated by the governor, pursuant to the Texas Government Code, §461.056.
6. (6) Commission--The Texas Commission on Human Rights.
7. (7) Commissioner--Any one of the duly appointed members of the commission, including the chairman, pursuant to the Texas Government Code, §461.051.
8. (8) Complainant--A person claiming to be aggrieved by an unlawful employment practice, or that person's agent who brings an action or proceeding under the Texas Labor Code.
9. (9) Complaint--A written statement made under oath or affirmation stating that an unlawful employment practice has been committed, setting forth the facts on which the complaint is based, including the dates, places, and circumstances of the alleged unlawful employment practice, and setting forth facts sufficient to enable the commission to identify the person charged.
10. (10) Court--The district court in a county in which the alleged unlawful employment practice that is subject of the complaint occurred or in a county in which the respondent resides.
11. (11) Deferral or referral--The same meaning pursuant to the Texas Labor Code, §21.155.
12. (12) Demonstrates--To meet the burdens of production and persuasion.
13. (13) Designee--An employee of the commission authorized to execute such duties, powers, and authority as may be conferred by the executive director subject to the provisions of the Texas Labor Code, the Texas Government Code, or these sections.

14. (14) Disability--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 a mental or physical impairment, or being regarded as having such an impairment.

    1. (A) The term does not include a person with a current condition of addiction to the use of alcohol or any drug or illegal or federally controlled substance.
    2. (B) The term does not include a person with a currently communicable disease or infection, including, but not limited to, acquired immune deficiency syndrome or infection with the human immunodeficiency virus, 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.
    3. (C) "Because of disability" or "on the basis of disability" refers to discrimination because of or on the basis of a physical or mental condition that does not impair an individual's ability to reasonably perform a job.
    4. (D) Disabled is a person having a disability.
15. (15) Employee--An individual employed by an employer, including an individual subject to the civil service laws of the state or a political subdivision of the state; except that the term employee does not include an individual elected to public office in the state or a political subdivision of the state.
16. (16) Employer--A person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of that person. The term includes an individual elected to public office in this state or a political subdivision of this state, or a political subdivision and any state agency or instrumentality, including public institutions of higher education, regardless of the number of individuals employed.
17. (17) Employment agency--A person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, including an agent of that person.
18. (18) Executive director--The chief executive officer employed by the commission to execute such duties, powers, and authority as may be conferred by the commission subject to the provisions of the Act or these rules.
19. (19) Federal government--The United States Equal Employment Opportunity Commission or any agency of the federal government enforcing the Rehabilitation Act of 1973.
20. (20) Federal law--The Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 and the Civil Rights Act of 1991, the Age Discrimination in Employment Act, as amended, the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act.
21. (21) Government Code--The Texas Government Code, Title 4, Subtitle E, Chapter 461, §§461.001 - 461.101, as enacted by House Bill 752, Acts 1993, 73rd Legislature, Chapter 269, effective September 1, 1993, relating to the partial codification and adoption of nonsubstantive revisions of the Texas Commission on Human Rights Act.
22. (22) Labor Code--The Texas Labor Code, Title 2, Subtitle A, Chapter 21, §§21.001-21.306, as enacted by House Bill 752, Acts 1993, 73rd Legislature, Chapter 269, effective September 1, 1993, relating to the partial codification and adoption of nonsubstantive revisions of the Texas Commission on Human Rights Act and as substantively amended by Senate Bill 959, Acts 1995, 74th Legislature, Chapter 76, effective September 1, 1995.

23. (23) Labor organization--A labor organization engaged in an industry affecting commerce and includes:

    1. (A) any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment;
    2. (B) any conference, general committee, joint or system board, or joint council so engaged that is subordinate to a national or international labor organization; and
    3. (C) an agent of a labor organization.
24. (24) Local commission--Created by a political subdivision or two or more political subdivisions acting jointly pursuant to the Texas Labor Code, §21.152, and recognized as a deferral agency by the United States Equal Employment Opportunity Commission pursuant to the United States Civil Rights Act, Title VII, §706(c), as amended by the Equal Employment Opportunity Act of 1972, the Civil Rights Act of 1991, and the Americans With Disabilities Act.
25. (25) Local ordinance--An ordinance adopted and enforced by a local political subdivision that prohibits practices designated as unlawful under the Act or otherwise declared unlawful under federal or state law.
26. (26) National origin--The national origin of an ancestor.
27. (27) Person--One or more individuals or an association, corporation, joint stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, the state, or a political subdivision or agency of the state.
28. (28) Political subdivision--A county or municipality.
29. (29) Religion--All aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship on the conduct of the employer's business.
30. (30) Respondent--An employer, employment agency, labor organization, or joint labor-management committee that controls an apprenticeship or other training or retraining program, including on-the-job training programs, or other person who is alleged to have committed an unlawful employment practice in a complaint filed with the commission or deferred by the federal government or the federal government has deferral jurisdiction over the subject matter of the complaint.
31. (31) Sex--"Because of" or "on the basis of sex" includes, but is not limited to, discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits under fringe benefit programs, as other individuals not so affected but similar in their ability or inability to work. An employer is not required by this Act to pay for health insurance benefits for abortion, except if the life of the mother would be endangered were the fetus carried to term. The Act does not preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

Source Note:The provisions of this §819.1 adopted to be effective February 10, 1984, 9 TexReg 491; amended to be effective March 30, 1990, 15 TexReg 1516; amended to be effective July 5, 1994, 19 TexReg 4816; amended to be effective February 14, 1997, 22 TexReg 1330; amended to be effective June 28, 2001, 26 TexReg 4735; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.