Tex. Lab. Code Ann. § 21.002(6); Tex. Lab. Code Ann. § 21.120

Tex. Lab. Code Ann. § 21.002(6); Tex. Lab. Code Ann. § 21.120 – Disability Discrimination

Sec. 21.002.  DEFINITIONS.  In this chapter:

(1)  "Auxiliary aids and services" includes:

(A)  qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B)  qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

(C)  acquisition or modification of equipment or devices; and

(D)  services and actions similar to those described by Paragraphs (A)-(C).

(2)  "Bona fide occupational qualification" means a qualification:

(A)  reasonably related to the satisfactory performance of the duties of a job; and

(B)  for which a factual basis exists for the belief that no person of an excluded group would be able to satisfactorily perform the duties of the job with safety or efficiency.

(3)  Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(2).

(4)  "Complainant" means an individual who brings an action or proceeding under this chapter.

(5)  "Demonstrates" means meets the burdens of production and persuasion.

(6)  "Disability" means, 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 an impairment, or being regarded as having such an impairment.  The term does not include:

(A)  a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance;  or

(B)  a currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, 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.

(7)  "Employee" means an individual employed by an employer, including an individual subject to the civil service laws of this state or a political subdivision of this state, except that the term does not include an individual elected to public office in this state or a political subdivision of this state.

(8)  "Employer" means:

(A)  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;

(B)  an agent of a person described by Paragraph (A);

(C)  an individual elected to public office in this state or a political subdivision of this state;  or

(D)  a county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed.

(9)  "Employment agency" means a person or an agent of the person who regularly undertakes, with or without compensation, to procure:

(A)  employees for an employer;  or

(B)  the opportunity for employees to work for an employer.

(10)  "Labor organization" means a labor organization engaged in an industry affecting commerce.  The term includes:

(A)  an organization, an agency, or an employee representation committee, group, association, or plan engaged in an industry affecting commerce 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;

(B)  a conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization;  and

(C)  an agent of a labor organization.

(11)  "Local commission" means a commission on human relations created by one or more political subdivisions.

(11-a)  "Major life activity" includes, but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.  The term also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(12)  "Political subdivision" means a county or municipality.

(12-a)  "Regarded as having such an impairment" means subjected to an action prohibited under Subchapter B or C because of an actual or perceived physical or mental impairment, other than an impairment that is minor and is expected to last or actually lasts less than six months, regardless of whether the impairment limits or is perceived to limit a major life activity.

(13)  "Respondent" means the person charged in a complaint filed under this chapter and may include an employer, employment agency, labor organization, or joint labor-management committee that controls an apprenticeship or other training or retraining program, including an on-the-job training program.

(14)  "State agency" means:

(A)  a board, commission, committee, council, department, institution, office, or agency in the executive branch of state government having statewide jurisdiction;

(B)  the supreme court, the court of criminal appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction;  or

(C)  an institution of higher education as defined by Section 61.003, Education Code.

Sec. 21.120.  USE OR POSSESSION OF CONTROLLED SUBSTANCE.  (a)  An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses a controlled substance as defined in Schedules I and II of Section 202, Controlled Substances Act, and their subsequent amendments (21 U.S.C. Section 801 et seq.), other than the use or possession of a drug taken under the supervision of a licensed health care professional or any other use or possession authorized by the Controlled Substances Act or any other federal or state law.

(b)  Subsection (a) does not apply to a policy adopted or applied with the intent to discriminate because of race, color, sex, national origin, religion, age, or disability.