The Texas Commission on Human Rights Act (TCHRA) prohibits employment practices that discriminate on the basis of sex, pregnancy, childbirth, or a related medical condition (TX Lab. Code Sec. 21.106). The TCHRA applies to private employers with 15 or more employees and to all public employers.
Sexual harassment is a form of sex discrimination that violates the TCHRA.
Bona fide occupational qualification (BFOQ) exception. An employer may hire and make other employment decisions based on sex in those limited circumstances in which sex is a BFOQ reasonably related to the satisfactory performance of the duties of a job. Regulations issued by the state Civil Rights Division also require employers asserting a BFOQ to have a factual basis for believing that no members of the excluded group would be able to satisfactorily perform the duties of the job with safety and efficiency. Enforceable BFOQs are rare, and employers should be very cautious in relying on a BFOQ when making employment decisions.
Public employers. The Texas Equal Pay Act provides that all women employed by the state of Texas must be paid the same as men performing the same kind, grade, and quantity of service and that no distinctions in compensation may be made based on sex (TX Gov. Code Sec. 659.001).
Private employers. There is no comparable state law that covers private employers. However, the TCHRA prohibits employment practices that discriminate on the basis of race, color, disability, religion, sex, national origin, or age in connection with compensation or the terms, conditions, or privileges of employment.
Employers must treat pregnancy, childbirth, and related medical conditions the same as other temporary ...