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Tex. Hum. Res. Code § 36.115

RETALIATION AGAINST PERSON PROHIBITED

Applied in 3 court decisions — leading case 778 F. Supp. 2d 709 - US Ex Rel. Wall v. Vista Hospice Care, Inc. (2011)

Most recently applied in in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc (June 2018)

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff

How often courts cite this section

2011201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person, including an employee, contractor, or agent, who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of a lawful act taken by the person or associated others in furtherance of an action under this subchapter, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this subchapter, or other efforts taken by the person to stop one or more violations of Section 36.002 is entitled to:

(1) reinstatement with the same seniority status the person would have had but for the discrimination; and

(2) not less than two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.

(b) A person may bring an action in the appropriate district court for the relief provided in this section.

(c) A person must bring suit on an action under this section not later than the third anniversary of the date on which the cause of action accrues. For purposes of this section, the cause of action accrues on the date the retaliation occurs.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.