Texas Codes
Tex. Lab. Code § 21.101 (2026)
Age Discrimination Limited To Individuals Of Certain Age
✓ current as of May 2026
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Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF CERTAIN AGE. The provisions of this chapter referring to discrimination because of age or on the basis of age apply only to discrimination against an individual 40 years of age or older.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 257 (H.B. 1074), Sec. 1, eff. September 1, 2019.
Notes of Decisions
Cited in 36
cases (13 in the last 5 years), 1997–2026 · leading case: Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012).
Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012). “See Tex. Lab.Code § 21.101; 29 U.S.C. § 631 (a) (2006).”
Ross v. Judson Indep Sch Dist, 993 F.3d 315 (5th Cir. 2021). “Grady, Ross’s interim replacement, and Valree, Ross’s permanent replacement, were also over forty and thus members of the protected class: Grady was fifty-seven (two years older than Ross), and Valree was forty-nine (six years younger than Ross). Even though Grady and Ross were…”
Russo v. Smith Int'l, Inc., 93 S.W.3d 428 (Tex. App. 2002). “See Tex. Lab.Code Ann. § 21.101 (limiting protection against age discrimination under the TCHRA to individuals who are forty years of age or older); cf.”
Texas Parks & Wildlife Dep't v. Dearing, 150 S.W.3d 452 (Tex. App. 2004). “See Tex. Lab.Code Ann. § 21.101 (West 1996). 4 .”
Kaplan v. City of Sugar Land, 525 S.W.3d 297 (Tex. App. 2017). “At issue on appeal is whether Kaplan satisfied the second and fourth elements of a prima facie case: that he was qualified for the position he held at the time he was fired, and that he was replaced by someone younger.”
Dworschak v. Transocean Offshore Deepwater Drilling, Inc., 352 S.W.3d 191 (Tex. App. 2011). “Tex. Lab.Code § 21.101. In its no-evidence motion, Transocean challenges the third and fourth elements, but also contends Dworschak “cannot bring a cause of action for age discrimination under the [Texas Commission on Human Rights Act] (TCHRA) due to his failure to exhaust his…”
Kelly v. Costco Wholesale Corp., 632 F. App'x 779 (5th Cir. 2015). “*782 Discussion The Texas Commission on Human Rights Act prohibits employment discrimination against individuals “40 years of age or older,” Tex. Lab.Code Ann. § 21.101. By adopting the statute, the Legislature “intended to correlate state law with federal law in employment…”
Acosta v. Gov't Employees Credit Union, 351 S.W.3d 637 (Tex. App. 2011). “Age Discrimination It has been stated that a prima facie case of age discrimination requires proof that the plaintiff (1) was within the protected class of individuals aged forty or older, (2) was discharged, (3) was qualified for the position from which she was discharged, and…”
Bros. v. Gilbert, 950 S.W.2d 213 (Tex. App. 1997). “The statute discussed in Nagel has been codified as Tex. Lab.Code Ann. § 21.101 et seq. (Vernon 1996).”
Yanez v. Walgreen Co. (W.D. Tex. 2022). “Tex. Labor Code § 21.101 (age discrimination provisions “apply only to discrimination against an individual 40 years of age or older”).”
Juan Pequeno v. Univ of TX at Brownsville (5th Cir. 2018). “4 Tex. Lab. Code § 21.101 et seq. 5 42 U.S.”
Univ. of Texas Sw. Med. Ctr. v. Ellen S. Vitetta (Tex. App. 2020). “TEX. LAB. CODE § 21.101. –2– (3) files a complaint; or (4) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.”
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