Texas Codes

Tex. Lab. Code § 21.115 (2026)

Business Necessity

✓ current as of May 2026

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Sec. 21.115. BUSINESS NECESSITY. (a) Subject to Subsection (b), an employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer establishes that the practice:

(1) is not intentionally devised or operated to contravene the prohibitions of this chapter; and

(2) is justified by business necessity.

(b) An employer may not use a qualification standard, employment test, or other selection criterion based on an individual's uncorrected vision unless the standard, test, or criterion is consistent with business necessity and job-related for the position to which the standard, test, or criterion applies.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 4, eff. September 1, 2009.

Notes of Decisions

Cited in 3 cases, 2007–2007 · leading case: Texas Parks & Wildlife Dep't v. Dearing, 240 S.W.3d 330 (Tex. App. 2007).

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Texas Parks & Wildlife Dep't v. Dearing, 240 S.W.3d 330 (Tex. App. 2007). · cites it 4× “See Tex. Lab. Code Ann. § 21.115 ("An employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited.”

Texas Parks & Wildlife Dep't v. Milburn Dearing, Kenneth Head, & Mike Warren, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2007). · cites it 2× “. . .") (emphasis added); see also Helena Chem Co.”

Texas Parks & Wildlife Dep't v. Milburn Dearing, Kenneth Head, & Mike Warren, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2007). · cites it 2× “Laws 37 , 49 (current version at Tex. Lab. Code Ann. § 21.115 (West 2006)).”

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