The following words and terms, when used in Subchapter B, Equal
Employment Opportunity Provisions; Subchapter C, Equal Employment
Opportunity Reports, Training, and Reviews; Subchapter D, Equal Employment
Opportunity Complaints and Appeals Process; Subchapter E, Equal Employment
Opportunity Deferrals; and Subchapter F, Equal Employment Opportunity
Records and Recordkeeping shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Bona fide occupational qualification--A qualification:
(A) that is reasonably related to the satisfactory
performance of the duties of a job; and
(B) for which there is a factual basis for believing
that no members of the excluded group would be able to satisfactorily
perform the duties of the job with safety and efficiency.
(2) Civil Rights Act--The Civil Rights Act of 1964,
as amended by the Equal Employment Opportunity Act of 1972 and the
Civil Rights Act of 1991; the Age Discrimination in Employment Act
of 1976, as amended; the Rehabilitation Act of 1973, as amended; the
Americans with Disabilities Act of 1990, as amended; and Texas Labor
Code, Chapter 21, regarding Employment Discrimination.
(3) Complaint--A written statement made under oath
stating that an unlawful employment practice has been committed, setting
forth the facts on which the complaint is based, and received within
180 days of the alleged unlawful employment practice.
(4) Conciliation--The settlement of a dispute by mutual
written agreement in order to avoid litigation where a determination
has been made that there is reasonable cause to believe an unlawful
employment practice has occurred.
(5) Disability--A mental or physical impairment that
substantially limits at least one major life activity of an individual,
a record of such mental or physical impairment, or being regarded
as having such an impairment as set forth in §3(2) of the Americans
with Disabilities Act of 1990, as amended, and Texas Labor Code §21.002(6).
(6) Employer--A person who is engaged in an industry
affecting commerce and 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 Texas or a political subdivision of Texas,
or a political subdivision and any state agency or instrumentality,
including public institutions of higher education, regardless of the
number of individuals employed.
(7) Local commission--Created by one or more political
subdivisions acting jointly, pursuant to Texas Labor Code §21.152,
and recognized as a Fair Employment Practices Agency by EEOC pursuant
to U.S. Civil Rights Act, Title VII, §706, as amended by the
Equal Employment Opportunity Act of 1972, the Civil Rights Act of
1991, and the Americans With Disabilities Act of 1990, as amended.
(8) Mediation--A process to settle a dispute by mutual
written agreement among the complainant, respondent, and CRD prior
to reasonable cause determination or dismissal of a perfected complaint.
(9) Perfected complaint--An employment discrimination
complaint that CRD has determined meets all of the requirements of
Texas Labor Code, Chapter 21, and for which CRD will initiate an investigation.