The Woodlands Lawyer

Under federal employment guidelines employers cannot discriminate against potential employees due to characteristics that will not hamper their ability to perform the job. These include age, race, sex, religion, nation of birth, or disability. Some states classify gender identity and sexual orientation as protected status; Texas does not.

During an interview a potential employer cannot ask certain questions. They cannot ask how old the applicant is, if the applicant is married or plans to marry, if the applicant has children or plans to have children, where the applicant was born, or what the applicant’s sexual orientation is. The employer can ask questions that are directly related to assessing the applicant’s ability to perform the job or ability to be legally hired such as inquiring about any necessary reasonable accommodations, if the applicant is legally allowed to work in the USA, if the applicant has ever been convicted of a crime. Some positions may require specific questions about if the potential employee can lift a certain amount of weight. Other positions may require the applicant to pass a physical test as a condition of employment.

Texas, along with many other states, is an employed “at will” state. This means an employer can terminate employment without cause at anytime. This is where employment law can get tricky. If an employer can fire without cause, how can a case for discrimination or an unlawful determination ever be declared? No employer will make the mistake of telling an employee they’re being terminated for reporting unsafe conditions to OSHA or because of religion or race. This is why it’s very important to document anything that you suspect might turn sour while you’re working. This is also why it’s imperative to contact an employment lawyer as soon as you suspect an unlawful termination. A good Texan employment lawyer can inform you of what constitutes unlawful termination and employment discrimination in an “at will” state.