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Tex. Lab. Code § 21.210

TEMPORARY INJUNCTIVE RELIEF

Applied in 2 court decisions — leading case Texas Department of Public Safety v. Moore (1998)

Most recently applied in Pruitt v. International Ass'n of Fire Fighters (March 2012)

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

(a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to carry out the purpose of this chapter, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this chapter.

(b) The petition shall be filed in a district court in a county in which:

(1) the alleged unlawful employment practice that is the subject of the complaint occurred; or

(2) the respondent resides.

(c) A court may not issue temporary injunctive relief unless the commission shows:

(1) a substantial likelihood of success on the merits; and

(2) irreparable harm to the complainant in the absence of the preliminary relief pending final determination on the merits.

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