The Texas Commission on Human Rights Act (TCHR)
prohibits discrimination in employment, including hiring because of race, color, religion, national origin, sex (including pregnancy, childbirth, or related medical condition), disability, or age (40 years or older) (Tex. Lab. Code § 21.051 et seq.). The TCHR prohibits employers from discriminating against job applicants by limiting, segregating, or classifying applicants based on their protected status. The TCHR applies to all public employers and to private employers with 15 or more employees. More information is available at the Texas Discrimination
and Disabilities (ADA)
Under the TCHR, employers must reasonably accommodate the religious observance or practice of a job applicant unless the accommodation creates an undue hardship for the employer.
It is permissible to hire an individual on the basis of one of the protected characteristics if that characteristic constitutes a reasonable BFOQ for the job in question. A BFOQ is a qualification that is reasonably necessary to the normal operation of a particular business or enterprise. For example, being female would be a reasonable BFOQ for a job modeling women's clothing.
Unlike disability, religion, sex, national origin, and age, there is no exception for race or color as a BFOQ under the TCHR (Tex. Lab. Code § 21.119). BFOQ exceptions are narrowly interpreted and employers should use extreme caution in relying on a BFOQ when making employment decisions that may have a discriminatory effect.
Consumer reports. In addition to the FCRA, Texas employers should be aware that there is a state law regulating consumer reporting agencies (Tex. Bus. Code § 20.05). More information is ...