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Employment Laws in Texas

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in Texas must conform to these state rules relating to the employment relationship.

Employee means an individual employed by an employer.

Employer means an employer engaged in an industry affecting commerce with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year or an agent of an employer.

Prohibited Employment Discrimination

Employers may not discharge, discriminate with respect to compensation or terms, conditions, or privileges of employment, or refuse to hire because of:

  • race
  • color
  • disability
  • religion
  • sex (including pregnancy, childbirth and related medical conditions)
  • national origin
  • age (40 and over; for purposes of apprenticeship or training purposes, age 40 through age 55)
  • genetic information or refusal to submit to a genetic test

Whistle-blower protections. Employers may not retaliate against employees who report possible abuse, neglect, or exploitation of persons receiving home and community-based services.

Uncorrected vision. An employer may not use a qualification standard, test, or other selection criterion based on an individual's uncorrected vision unless it is consistent with business necessity and job-related for the position.

Mandatory overtime for nurses. Employers are prohibited from suspending, terminating, or otherwise disciplining or discriminating against a nurse who refuses to work mandatory overtime.

Recordkeeping Requirements

Employers subject to the employment discrimination provisions that are under investigation in connection with a filed charge must make, keep and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed, and make reports from these records.

Posting Requirements

The Texas Commission on Human Rights provides an optional equal employment opportunity poster.

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