{"data":{"id":"us-tx/tex.-labor-code-21.115","jurisdiction":"us-tx","citation":"Tex. Labor Code § 21.115","heading":"BUSINESS NECESSITY.","body":"(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:\n(1) is not intentionally devised or operated to contravene the prohibitions of this chapter; and\n(2) is justified by business necessity.\n(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.\nActs 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.\nAmended by:\nActs 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 4, eff. September 1, 2009.","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#21.115","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:24Z","sha256":"f301af2bc57a071d1497b8f5bddfaf591761b46012b7d803ac0264b44f588624","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-labor-code-21.114","next":"us-tx/tex.-labor-code-21.116"},"notice":"GroundRules: Original legal text. Not legal advice."}