Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 20 - TEXAS WORKFORCE COMMISSION
Chapter 819 - CIVIL RIGHTS DIVISION
Subchapter H - DISCRIMINATORY HOUSING PRACTICES
Section 819.136 - Prohibited Interference, Coercion, Intimidation, Retaliation, or Harassment
Universal Citation: 40 TX Admin Code § 819.136
Current through Reg. 50, No. 13; March 28, 2025
(a) It is unlawful to interfere, coerce, intimidate, retaliate against, or harass any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Texas Fair Housing Act.
(b) Prohibited conduct made unlawful under this section includes, but is not limited to:
(1) coercing a person, either orally, in
writing, or by other means, to deny or limit the benefits provided that person
in connection with the sale or rental of a dwelling or in connection with a
residential real estate-related transaction based on race, color, disability,
religion, sex, national origin, or familial status;
(2) threatening, intimidating, or interfering
with individuals in their enjoyment of a dwelling based on race, color,
disability, religion, sex, national origin, or familial status of such
individuals, or of visitors or associates of such individuals;
(3) threatening an employee or agent with
dismissal or an adverse employment action, or taking such adverse employment
action, for any effort to assist a person seeking access to the sale or rental
of a dwelling or seeking access to any residential real estate-related
transaction, based on the race, color, disability, religion, sex, national
origin, or familial status of that person or of any person associated with that
individual;
(4) intimidating or
threatening any person because that person is engaging in activities designed
to make other individuals aware of, or encouraging such other individuals to
exercise rights granted or protected by this chapter;
(5) retaliating against any person because
that person has made a complaint, testified, assisted, or participated in any
manner in a proceeding under the Texas Fair Housing Act;
(6) retaliating against any person because
that person reported a discriminatory housing practice to a housing provider or
other authority; and
(7) harassing
any person because of race, color, religion, sex, familial status, national
origin, or disability:
(A) Quid pro quo
harassment. Quid pro quo harassment refers to an unwelcome request or demand to
engage in conduct where submission to the request or demand, either explicitly
or implicitly, is made a condition related to the sale, rental, or availability
of a dwelling; the terms, conditions, or privileges of the sale or rental, or
the provision of services or facilities in connection therewith; or the
availability, terms, or conditions of a residential real estate-related
transaction. An unwelcome request or demand may constitute quid pro quo
harassment even if a person acquiesces in the unwelcome request or
demand.
(B) Hostile environment
harassment. Hostile environment harassment refers to unwelcome conduct that is
sufficiently severe or pervasive as to interfere with the availability, sale,
rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges
of the sale or rental, or the provision or enjoyment of services or facilities
in connection therewith; or the availability, terms, or conditions of a
residential real estate-related transaction. Hostile environment harassment
does not require a change in the economic benefits, terms, or conditions of the
dwelling or housing-related services or facilities, or of the residential
real-estate transaction.
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