['Discrimination']
['Discrimination']
06/30/2025
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Summary of differences between federal and state regulations
The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.
Texas law identifies the following protected classes for purposes of employment discrimination:
- Race,
- Color,
- Religion,
- Sex,
- National origin,
- Disability (a mental or physical impairment that substantially limits at least one major life activity of that individual, but not a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance; or a currently communicable disease or infection), and
- Age (age 40 or older).
Sexual orientation/gender identity or expression are not explicitly mentioned in the law, but are considered part of sex discrimination.
Texas also regulates discrimination on the basis of:
- Genetic information, and
- On the basis of hair texture or protective hairstyle commonly associated with race.
Employer defined
“Employer” means:
- A person engaged in an industry affecting commerce and who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of such a person;
- An individual elected to public office in the state or a political subdivision of the state; or
- A county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed.
Genetic information
The unlawful employment practices based on genetic information are essentially the same as the protections for other classes. It is an unlawful employment practice to fail or refuse to hire, discharge, or otherwise discriminate against an individual with respect to compensation or the terms, conditions, or privileges of employment or membership:
- On the basis of genetic information concerning the individual, or
- Because of the refusal of the individual to submit to a genetic test.
Genetic information means information that is obtained from or based on a scientific or medical determination of the presence or absence of a genetic characteristic, derived from the results of a genetic test, or from a family health history obtained from an individual.
CROWN Act
On May 27, 2023 the governor signed into law HB 567, the Creating a Respectful and Open World for Natural Hair (CROWN) Act. The CROWN Act prohibits discrimination “on the basis of hair texture or protective hairstyle commonly associated with race.” "Protective hairstyle" includes braids, locks, and twists. The CROWN Act becomes effective on September 1, 2023. It applies to employers, labor unions, employment agencies, public schools, and institutions of higher education.
Political subdivision authority
A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law.
State agency training required
Each state agency must provide employment discrimination training to its employees. The training program must provide information regarding the agency’s policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment. Each employee of a state agency must attend the training program not later than the 30th day after the date the employee is hired and must attend supplemental training every two years. Each employee who attends a training program must sign a statement verifying the employee’s attendance at the training program. The agency must file the statement in the employee’s personnel file.
State
Related information
Protected classes ezExplanation
Contact
Texas Workforce Commission Civil Rights Division
Regulations
Texas Labor Code Title 2, Chapter 21, Employment Discrimination
Tex. Lab. Code § 21.051 Employment Discrimination; Discrimination by Employer
Tex. Lab. Code § 21.002 Employment Discrimination; Definitions (related to disability)
Tex. Lab. Code § 21.401 Employment Discrimination; Definitions (related to genetic information)
Tex. Lab. Code § 21.402 Employment Discrimination; Discriminatory Use of Genetic Information Prohibited
Tex. Lab. Code § 21.1095 Racial Discrimination Based on Hair Texture or Protective Hairstyle
Texas Administrative Code, Title 40, Part 20, Chapter 819, Texas Workforce Commission Civil Rights Division
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
See applicable discrimination topic.
['Discrimination']
['Discrimination']
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