Texas Advertising: What you need to know

Texas law prohibits employers from printing or publishing (or causing to be printed or published) a notice or advertisement relating to employment, apprenticeship, on-the-job training, or other training program that indicates a preference, limitation, specification, or discrimination based on race, color, disability, religion, sex, national origin, or age. The law covers employers with 15 or more employees. This prohibition does not apply if disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably related to the satisfactory performance of job duties (TX Stat. Sec. 21.059).
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The Texas Workforce Commission (TWC) Civil Rights Division considers the posting of job openings through TWC outlets such as local development boards and its website http://www.workintexas.comto be evidence that a company has an open and fair hiring process.
An employer may not make a false statement or conceal any material fact to obtain an employee through a personnel service. Personnel services may not place an advertisement without clearly stating that the ad is by a firm providing a private personnel service. Also, a personnel service may not refer an applicant to a place where the personnel service has knowledge of the existence of a strike or lockout unless the personnel service informs the applicant in writing of the strike or lockout before the referral is made (TX Occ. Code Sec. 2501.101).

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