Texas Selection and Testing laws & HR compliance analysis

Texas Selection and Testing: What you need to know

The Texas Human Rights Commission Act prohibits employment discrimination based on race, color, disability, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, or age (40 years and older). Employers may select employees based on disability, religion, sex, national origin, or age if any such factor is necessary in order to perform the particular job in question, i.e., is a bona fide occupational qualification (BFOQ).
The law applies to all employers that have employed 15 or more employees during each working day for 20 or more calendar weeks in the current or prior year. The law also specifically prohibits employers from using employment applications or printing or circulating statements, advertisements, or publications that indicate an unlawful discriminatory preference, limitation, or specification, unless the factors indicated are BFOQs (TX Lab. Code Sec. 21.001 et seq.).
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Individuals with communicable diseases. Employers may lawfully refuse to employ individuals who are afflicted with a currently communicable disease that either poses a direct threat to the health or safety of others or prevents the performance of required job duties (TX Lab. Code Sec. 21.002(6)(B)). Communicable diseases that constitute a direct threat are not considered disabilities under the law.
Religion. Employers may not discriminate on the basis of an individual's religious observance, practice, or belief (TX Lab. Code Sec. 21.108). An employer must reasonably accommodate an individual's religious observance or practice unless the accommodation would impose an undue hardship on the employer's business.
Peace officers and firefighters. Employers may establish ...

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