Texas National Origin Discrimination laws & HR compliance analysis

Texas National Origin Discrimination: What you need to know

The Texas Commission on Human Rights Act prohibits employment practices that discriminate against individuals on the basis of national origin. The Act covers all public employers and private employers with 15 or more employees (TX Labor Code Sec. 21.001 et seq.). It is a violation of the Act to discriminate against individuals because of their own country of origin or because of the country of origin of one of their ancestors.
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Under the state law, it is an unlawful employment practice to:
• Refuse to hire, discharge, or otherwise discriminate with respect to an individual's compensation or terms and conditions of employment.
• Limit, segregate, or classify an employee or applicant in a way that tends to deprive the individual of any employment opportunity or negatively affects employment status.
• Retaliate against any individual who has made a complaint, filed a charge, or assisted in an investigation, proceeding, or hearing under the state law.
• Publish an advertisement for employment indicating a preference, limitation, specification, or discrimination based on national origin, unless national origin is a bona fide occupational qualification (BFOQ).
• Aid, abet, incite, or coerce a person to engage in a discriminatory practice; or intentionally obstruct or prevent a person from complying with the law.
• Intentionally interfere with the Commission in the performance of its duties; or violate a conciliation agreement.
A state appellate court ruled in favor of an employer in a national origin discrimination suit filed by an employee who was denied reclassification of her position from nonexempt to exempt (Villarreal v. Del Mar College, No 13-07-00119-CV (Tex. App. 2009)). The court based its ruling on ...

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