Employment Laws in Texas

Definition of employee. Employee means an individual employed by an employer, including an individual subject to the civil service laws of Texas or its political subdivisions. Employee does not include elected officials, a person on the elected officer's personal staff, an appointee on the policy-making level, or an immediate adviser exercising constitutional or legal powers of public office.

Definition of employer. Employer means a person who is 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, an agent of an employer or state agency, regardless of the number of employees.

Prohibited employment discrimination. Employers may not discharge, discriminate with respect to compensation or terms, conditions, or privileges of employment, or refuse to hire because of race, color, disability, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, age (40 and over; for purposes of apprenticeship or training purposes, age 40 through age 55), or genetic information or refusal to submit to a genetic test.

Recordkeeping requirements. Employers subject to the employment discrimination provisions that are under investigation in connection with a filed charge must make, keep and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed, and make reports from these records.

Posting requirements. The Texas Commission on Human Rights provides an optional equal employment opportunity poster.