What are the state and federal laws concerning workplace discrimination, and how can I ensure my business complies with them in Texas?

Workplace discrimination is prohibited by both state and federal laws. In Texas, the state law that governs discrimination is the Texas Commission on Human Rights Act (TCHRA), and the federal law is Title VII of the Civil Rights Act of 1964.

Under these laws, employers are prohibited from discriminating against employees on the basis of protected characteristics such as:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Disability
• Genetic information

Discrimination can take many forms, including hiring, promotion, pay, and termination decisions, as well as harassment or retaliation against employees who complain about discrimination.

To ensure compliance with these laws, employers can take the following steps:

1. Develop and enforce a written policy prohibiting discrimination and harassment based on protected characteristics.
2. Train all employees, including managers and supervisors, on the policy and the legal prohibitions against discrimination and harassment.
3. Establish a complaint process that allows employees to report incidents of discrimination or harassment.
4. Investigate all complaints of discrimination or harassment in a prompt, thorough, and impartial manner.
5. Take appropriate corrective action if discrimination or harassment is found, including discipline or termination of the offending employee.
6. Document all complaints, investigations, and corrective actions taken.
7. Regularly review and update the policy and training as needed to ensure compliance with the law and best practices.

However, it is important to note that there are limitations and exceptions to these laws, such as:

1. Religious organizations are exempt from certain provisions of the law regarding employment discrimination.
2. Employers may have the right to take certain actions based on bona fide occupational qualifications, such as hiring a certain gender for a job that requires physical strength.
3. Affirmative action plans may be used to remedy past discrimination and promote diversity, but only if they are narrowly tailored and do not unfairly exclude qualified individuals based on protected characteristics.

In conclusion, employers in Texas should take proactive steps to prevent workplace discrimination and harassment by developing and enforcing policies and procedures that comply with state and federal laws. If you have any specific questions or concerns about your business's obligations under these laws, it is recommended that you consult with an experienced employment attorney.