Most Common Hiring Discrimination Complaints

In a work world where the average tenure with any given employer is declining, many companies must routinely advertise and fill both new and established jobs. Yet as common as this process has become, every employer must periodically stop and re-evaluate how all job applications are being reviewed, skills tests are being administered and interviews are being granted and conducted.

After all, implicit bias (discriminatory hiring) remains a constant threat to maintaining an even playing field for all job applicants. And though most Texas employees are hired on an “at-will” basis, (allowing them to leave when they choose – and be fired without notice or cause), certain federal, state and local laws forbidding hiring discrimination must still be obeyed.

The most critical laws protecting employees against discrimination are set forth below, followed by examples of the types of hiring questions employers should avoid. Finally, the roles played by the TWC (Texas Workforce Commission) and the EEOC (Equal Employment Opportunity Commission) regarding employee complaints are also briefly noted.

Federal, state and local laws provide many anti-discrimination protections to Texas workers

Both federal laws and Texas statutes have been passed providing job applicants and employees with protections against discrimination on the following grounds.

  • Race
  • National origin
  • Color
  • Religion
  • Sex (including various medical conditions directly related to pregnancy)
  • Age (40 and older)
  • Genetic testing information
  • Disability

Federal law also provides specific employment discrimination protection to applicants who may not be actual U. S. citizens.

Federal laws and related regulations designed to protect workers against discrimination

  • Title VII of the Civil Rights Act of 1964 (Title VII). This law was later amended to include The Pregnancy Discrimination Act
  • The Equal Pay Act of 1963 (EPA)
  • The Age Discrimination in Employment Act of 1967
  • Title I of the Americans with Disabilities Act of 1990 (ADA)
  • Sections 102 and 103 of the Civil Rights Act of 1991
  • Sections 501 and 505 of the Rehabilitation Act of 1973
  • GINA – The Genetic Information Nondiscrimination Act of 2008

Many of the legal rights guaranteed to Texas workers under the federal laws referenced above are also protected (and set forth) in Chapter 21 of the Texas Labor Code. Various Texas cities, including both Houston and Austin, have passed additional anti-discrimination laws to protect their residents with unique sexual orientation and gender identity issues. (Additional information about protecting employee rights is set forth on our Texas Governor’s website.)

Here’s some additional, pragmatic information for handling the job application process.

Company interviewers must carefully avoid asking job applicants these types of questions

While the following list is not intended to be comprehensive, it should heighten your awareness of how careful you must be when trying to learn more about applicants who may have certain special needs or limitations that are not directly related to legitimate job requirements.

  • Do you have any disability? (However, if the applicant has a visually obvious disability — or has voluntarily disclosed one – you can normally ask if any special job accommodations are necessary or required);
  • Are you currently taking any medications that might impair your ability to perform the assigned tasks as described?
  • Have you needed to file any workers compensation claims in the past?
  • Are you pregnant – or planning to have a child during the coming year?
  • Have you obtained the results from any genetic tests during the past 10 years that indicate your likelihood of developing cancer (or another debilitating condition)?
  • Have you ever suffered a heart attack or stroke? Do you have any close blood relatives who have suffered from either of these medical problems?
  • Do you currently suffer from depression, bipolar disorder or schizophrenia – or do any immediate family members have these medical conditions?

Under some circumstances, once you’ve hired a new employee, you may be able to inquire about certain disability-related medical conditions. However, you should discuss all the specific conditions that must exist before asking these questions with your employment law attorneys to avoid violating any of the employee’s legal rights.

The TWC and EEOC help current (and prospective) employees with discrimination concerns

When individuals believe that they’ve endured discrimination while applying for work with your company – or while employed by you, they usually contact the Texas Workforce Commission and the EEOC while deciding whether to file a formal complaint.

Should you learn that such a complaint has been filed, be sure to immediately contact our law firm so we can help you prepare a thorough response, detailing all that your company did to fully respect all employee (or job applicant) rights. We can also discuss with you various proactive steps your company can take to try and decrease the chances of having any further complaints filed against you.

A Review of Basic Texas Landlord-Tenant Laws & Interests

When Texas leases successfully balance the rights and privileges that landlords and tenants most desire, they often help minimize future disagreements and legal challenges. However, before such leases can be drafted, all contractual parties must try to better understand the primary interests of those countersigning the required documents.

In general, stable and responsible tenants want to extend their leases with landlords who provide quality property, respect tenant privacy rights and make all promised repairs promptly. And good landlords want to attract and retain tenants who pay their rent on time, get along well with other tenants — and keep the rented or leased property in good condition. If respectable landlords will also provide all required legal disclosures to prospective tenants, few problems may arise.

Here’s additional information both Texas landlords and tenants should bear in mind while trying to build and maintain good relationships with one another.

Federal laws forbid discrimination and other wrongful practices

Whether renting commercial or residential properties, landlords must avoid violating all

federal statutes and regulations. Perhaps the most important law is the Fair Housing Act that forbids treating anyone unfairly who’s looking for a place to live.

Stated simply, property owners cannot discriminate against prospective tenants based upon their gender, race, color, national origin, disability, family status (regarding whether they have children under age 18 living with them) or religion. This law extends to all sales, rentals and financing of dwellings. Furthermore, as your Houston real estate attorney can explain to you in greater detail, there are Texas state, county, city and municipal laws that also define and extend these rights and obligations. In addition to forbidding discrimination, all these laws are designed to overcome past efforts to segregate society based on poverty and the seven factors named above.

Other federal laws affecting prospective property tenants include the Fair Credit Reporting Act (FCRA) and specific Environmental Protection Agency laws and regulations. After obtaining an FCRA “background check” on a prospective tenant, landlords must allow people to formally dispute negative material in their credit reports with pertinent legal documents.

While respecting all federal, state, local and municipal laws – Texas landlords must also be prepared to provide tenants with numerous disclosures – including those set forth below.

Property information, equipment & disclosures all Texas landlords must provide

Since these can be quite numerous, the following list is merely representative of the more common ones.

  • Name and address of the property owner or property management company that can be contacted about ongoing needs or concerns;
  • All specific, defining rental lease terms. With renters, this must include information about the monthly “final” due date for rent and the acceptable ways to make all payments;
  • Information about the required security deposit – and when it will be returned after a tenant moves out (unless the tenant is no longer qualified to receive it);
  • Special rights of domestic violence victims. They must be informed about their right to withdraw from a lease when being subjected to abuse. While specific procedures must be followed, they should not further jeopardize these tenants;
  • Adequate security devices including window and door locks must be already installed upon move-in. Many state and local laws may also require the presence of fully functional fire extinguishers, smoke alarms and other safety equipment;
  • A clear and firm commitment to make all crucial repairs in a timely fashion. The most critical repairs are those that directly affect the health and safety of tenants;
  • Tenant parking and pet deposit information;
  • Detailed information on how all move-out matters must be handled.
  • Disclosures regarding the possible presence of lead-based paint or asbestos in the units. Likewise, recent bedbug infestations and other similar problems must be disclosed.

While this list isn’t entirely comprehensive, landlords who meet all these basic legal standards are likely to create harmonious relationships with tenants.

Please contact our law firm so we can answer your questions and prepare any rental contracts that you may require. Our experience in this field should allow us to fully meet your needs.