Texas employers that cite background checks in their personnel decisions must comply with specific procedures and statutes. Employers will typically include background checks in their hiring, retention, and promotion policies to evaluate a person’s work, education, financial, and criminal history. Although background checks are an integral part of workforce development,…
Texas employees who have suffered discrimination in the workplace may utilize two agencies to bring an employment discrimination lawsuit. These two agencies are the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC). Federal employment discrimination lawsuits include discrimination complaints based on retaliation, national origin, disability, gender, race,…
Under the Americans with Disabilities Act (ADA), employers cannot discriminate against prospective or current employees based on their disability. The ADA provides that qualified individuals with disabilities should receive a reasonable accommodation to perform their job duties, unless it imposes an undue burden on the employer. These accommodations offer disabled…
The Immigration and Nationality Act (the Act) provides U.S. citizens, permanent residents, asylum seekers, and refugees protection against employment discrimination based on their immigration status. The Act applies if an employer has more than four employees. Discrimination under the Act occurs when an employer treats a person differently based on…
In addition to the Americans with Disabilities Act, the Rehabilitation Act of 1973 (the Act) protects employees who work for the federal government, a program conducted by a federal agency, a program receiving federal financial assistance, or a federal contractor. This Act protects the rights of people with disabilities from…
Last week we discussed Texas employers’ responsibilities after an employee reports discrimination, including instances involving hostile work environments. Here, we take a closer look at what constitutes a hostile work environment. Under state and federal civil rights laws, Texas employers are prohibited from engaging in discrimination based on an employee’s…
In the event a Texas employee experiences harassment or discrimination in the workplace, they should notify their employer of the unwanted or offensive conduct immediately. In response to such a report, an employer is required to take prompt remedial measures to rectify the situation. Under Texas law, employment discrimination and…
Under both state and federal law, Texas employees are protected from discrimination based on pregnancy and pregnancy-related illnesses; however, that was not always the case. Originally, the Civil Rights Act of 1964, which prohibited discrimination on the basis of race, color, religion, sex, and national origin was not interpreted by…
In this blog, we often talk about the various types of Texas employment discrimination claim an employee can bring against their employer. For the most part, discrimination claims come up when an employer takes some type of adverse employment action against an employee based on their protected status. Adverse employment…
Texas isn’t exactly known as a progressive state, and the state’s discrimination laws are no exception. While some state legislatures have passed broad discrimination laws prohibiting the disparate treatment of employees based on their sexual orientation or gender identity, there is not yet a Texas discrimination law unequivocally protecting individuals…