LABOR CODE


TITLE 5. WORKERS' COMPENSATION


SUBTITLE B. DISCRIMINATION ISSUES


CHAPTER 451. DISCRIMINATION PROHIBITED


Sec. 451.001.  DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. A person may not discharge or in any other manner discriminate against an employee because the employee has:

(1)  filed a workers' compensation claim in good faith;

(2)  hired a lawyer to represent the employee in a claim;

(3)  instituted or caused to be instituted in good faith a proceeding under Subtitle A; or

(4)  testified or is about to testify in a proceeding under Subtitle A.

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

Sec. 451.002.  REMEDIES; BURDEN OF PROOF. (a) A person who violates Section 451.001 is liable for reasonable damages incurred by the employee as a result of the violation.

(b)  An employee discharged in violation of Section 451.001 is entitled to reinstatement in the former position of employment.

(c)  The burden of proof in a proceeding under this section is on the employee.

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

Sec. 451.003.  INJUNCTION. A district court may restrain, for cause shown, a violation of Section 451.001.

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