{"data":{"id":"us-tx/tex.-labor-code-21.102","jurisdiction":"us-tx","citation":"Tex. Labor Code § 21.102","heading":"BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION MEASUREMENT SYSTEM.","body":"(a) Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or different terms, conditions, or privileges of employment under:\n(1) a bona fide seniority system, merit system, or an employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade this chapter; or\n(2) a system that measures earnings by quantity or quality of production.\n(b) An employee benefit plan may not excuse a failure to hire on the basis of age. A seniority system or employee benefit plan may not require or permit involuntary retirement on the basis of age except as permitted by Section 21.103.\n(c) This section does not apply to standards of compensation or terms, conditions, or privileges of employment that are discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.\nActs 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.","path":["LABOR CODE","TITLE 2. PROTECTION OF LABORERS","SUBTITLE A. EMPLOYMENT DISCRIMINATION","CHAPTER 21. EMPLOYMENT DISCRIMINATION","SUBCHAPTER C. APPLICATION; EXCEPTIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm#21.102","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:24Z","sha256":"5944ea137e75b56302cbc036808327b141c51e9749b434e300470329f6b18fc2","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-labor-code-21.101","next":"us-tx/tex.-labor-code-21.103"},"notice":"GroundRules: Original legal text. Not legal advice."}