Labor Code § 21.051 – Unlawful Employment Practices (Discrimination Prohibited)

Code Details

LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE A. EMPLOYMENT DISCRIMINATION

CHAPTER 21. EMPLOYMENT DISCRIMINATION

Exact Statute Text

Labor Code § 21.051 Summary

This Texas statute, often referred to as a core provision of the Texas Commission on Human Rights Act (TCHRA), establishes what constitutes an unlawful employment practice in the state. It broadly prohibits employers from discriminating against individuals based on their race, color, disability, religion, sex, national origin, or age. The statute outlines two main categories of prohibited actions. First, an employer cannot refuse to hire, fire, or otherwise discriminate against an individual regarding their pay, benefits, job duties, or any other aspect of their employment based on these protected characteristics. Second, employers are forbidden from taking actions that limit, separate, or categorize employees or job applicants in a way that would deny them job opportunities or negatively impact their employment status. Essentially, it ensures equal opportunity and fair treatment in the workplace, preventing employers from making decisions driven by prejudice or bias related to an individual’s protected group status.

Purpose of Labor Code § 21.051

The legislative intent behind this section of the Labor Code is to safeguard Texans from discriminatory employment practices, ensuring a fair and equitable working environment across the state. This law exists to address and prevent the pervasive societal problem of prejudice influencing employment decisions. By explicitly defining unlawful employment practices, the statute aims to eliminate barriers to employment and career advancement based on characteristics such as race, color, disability, religion, sex, national origin, or age, which have historically been grounds for discrimination. It serves to uphold the dignity of individuals, promote economic opportunity, and foster a diverse workforce that reflects the rich tapestry of Texas society. Ultimately, the law encourages merit-based employment and protects individuals from the adverse personal and financial consequences that result from unlawful discrimination.

Real-World Example of Labor Code § 21.051

Consider a scenario involving a technology company in Austin, Texas. Sarah, a 55-year-old software engineer with 20 years of experience, applies for a senior developer position. She is highly qualified, possessing all the required skills and experience listed in the job description. However, during her interview, the hiring manager makes several comments about her “extensive experience” and mentions that the team is “mostly made up of younger, recent graduates.” Shortly after, Sarah receives a rejection letter, and the company hires a less experienced 28-year-old candidate. If Sarah can demonstrate that her age was the primary reason for the company’s decision not to hire her, despite her qualifications, this would likely constitute an unlawful employment practice under Labor Code § 21.051. Specifically, the employer would have failed or refused to hire an individual “because of… age” as prohibited by Subsection (1) of the statute.

Related Statutes

Several other sections within Chapter 21 of the Texas Labor Code and related federal laws frequently interact with or provide context for Labor Code § 21.051:

• Labor Code § 21.002 (Policy; Purposes): This foundational statute declares the policy of the State of Texas to secure for individuals freedom from discrimination in employment and identifies the purposes of Chapter 21, including providing for the execution of policies embodied in federal civil rights laws.
• Labor Code § 21.055 (Retaliation): This section prohibits an employer from retaliating or discriminating against a person who has opposed a discriminatory practice, made a charge, filed a complaint, or participated in an investigation or proceeding under Chapter 21. This is often cited alongside § 21.051 when an employee faces adverse action after reporting discrimination.
• Labor Code § 21.121 (Religious Practices): This provision specifies an employer’s duty to reasonably accommodate an employee’s or applicant’s religious observance or practice, unless doing so would cause undue hardship on the employer. It provides more specific guidance for religious discrimination claims under § 21.051.
• Title VII of the Civil Rights Act of 1964 (Federal): This federal law prohibits employment discrimination based on race, color, religion, sex, and national origin. The Texas Labor Code Chapter 21 is largely patterned after Title VII, and federal case law interpreting Title VII is often used to interpret the TCHRA.
• Americans with Disabilities Act (ADA) (Federal): This federal law prohibits discrimination against individuals with disabilities in all areas of public life, including employment. Texas Labor Code Chapter 21 contains similar protections against disability discrimination, aligning with the ADA.
• Age Discrimination in Employment Act (ADEA) (Federal): This federal law protects individuals who are 40 years of age or older from employment discrimination based on age. Texas Labor Code Chapter 21 also explicitly prohibits age discrimination, mirroring the ADEA.

Case Law Interpreting Labor Code § 21.051

Texas courts have frequently interpreted Labor Code § 21.051, often looking to federal case law for guidance due to the similarities between the TCHRA and federal anti-discrimination statutes. Here are a few examples of cases that have shaped its understanding:

• Mission Consol. Indep. Sch. Dist. v. Garcia, 253 S.W.3d 653 (Tex. 2008): The Texas Supreme Court addressed the “because of” element in discrimination claims, holding that under the TCHRA, the plaintiff must prove that discrimination was a “motivating factor” for the adverse employment action. This case clarifies the standard of causation for discrimination claims brought under Chapter 21. You can find more information about this case by searching on Google Scholar.
• Quantum Chem. Corp. v. Toennies, 47 S.W.3d 473 (Tex. 2001): In this case, the Texas Supreme Court discussed the “disparate treatment” theory of discrimination under the TCHRA, outlining the burden-shifting framework established by the U.S. Supreme Court in *McDonnell Douglas Corp. v. Green*. This framework is crucial for plaintiffs attempting to prove discrimination through circumstantial evidence. Details are available on Google Scholar.
• Frankoff v. State Bar of Texas, 252 S.W.3d 516 (Tex. App.—Austin 2008, no pet.): This appellate court case specifically addressed age discrimination claims under Labor Code § 21.051, reiterating the elements required for a plaintiff to establish a prima facie case of age discrimination in hiring. Further details can be found by searching on Google Scholar.

Why Labor Code § 21.051 Matters in Personal Injury Litigation

While Labor Code § 21.051 primarily addresses employment law, its implications can significantly intersect with what many individuals perceive as personal injury. When an individual suffers unlawful employment discrimination, the resulting harm is often deeply personal and can manifest as various “injuries.” These harms extend beyond just economic loss (like lost wages or benefits) and can include severe emotional distress, anxiety, depression, damage to reputation, and even physical health problems exacerbated by the stress of discrimination.

For individuals, these experiences can be as debilitating and life-altering as a physical injury resulting from an accident. While traditionally, personal injury claims involve physical harm or property damage, the emotional and psychological trauma inflicted by discriminatory practices can warrant legal intervention to seek compensation for these non-economic damages. Legal professionals, including those specializing in personal injury, recognize that clients who have experienced discrimination under this statute have suffered demonstrable harm. Understanding Labor Code § 21.051 is crucial for lawyers to properly advise clients on their rights, assess potential damages, and pursue claims for the emotional and financial injuries caused by an employer’s unlawful actions. It provides the legal framework to hold employers accountable for conduct that inflicts profound personal suffering on employees and applicants.