Jenny Nguyen’s Legal Blog

You are discriminated against based on your disability if the discrimination is because of disability or on the basis of disability.  This provision applies only to discrimination because of or on the basis of a physical or mental condition that does not impair an individual’s ability to reasonably perform a job.

Sexual discrimination refers to discrimination because of sex or on the basis of sex.  Examples include discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition.

A woman affected by pregnancy, childbirth, or a related medical condition shall be treated for all purposes related to employment, including receipt of a benefit under a fringe benefit program, in the same manner as another individual not affected but similar in the individual’s ability or inability to work.

Discrimination based on religion:

Discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious observance, practice, or belief, unless an employer demonstrates that the employer is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship to the conduct of the employer’s business.

 Are there any caveats? Yes.

A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a religious corporation, association, or society does not commit an unlawful employment practice by limiting employment or giving a preference to members of the same religion.

Important age discrimination provisions are found in Sections 21.054, 21. 101 and 21.104 of the Texas Labor Code.   

The provisions of the Texas Labor Code dictate that discrimination due to age or on the basis of age apply only to discrimination against an individual 40 years of age or older.

However, an employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace
officers or fire fighters.

Also, in training and retraining opportunities, the prohibition against discrimination because of age applies only to discrimination because of age
against an individual who is at least 40 years of age but younger than 56 years of age.

Section 21.051 of the Texas Labor Code states that an employer discriminates and commits an unlawful employment practice because of race, color, disability, religion, sex, national origin, or age.

 Situations where an employer discriminates are when the employer:

(1)  fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment;  or
(2)  limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

Chapter 21 of the Texas Labor Code states that “Disability” means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. 

The term does not include:
(A)  a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance;  or
(B)  a currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected person unable to perform the duties of the person’s employment.