Section 21.115 - Business Necessity(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:(1) is not intentionally devised or operated to contravene the prohibitions of this chapter; and(2) is justified by business necessity.(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.Amended By Acts 2009, 81st Leg., R.S., Ch. 337, Sec. 4, eff. 9/1/2009. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. 9/1/1993.