Texas Workforce Commission Facts About National Origin Discrimination Chapter 21, Texas Labor Code and Title VII of the Civil Rights Act of l964 protects individuals against employment discrimination on the basis of national origin as well as race, color, religion and sex. It is unlawful to discriminate against any employee or applicant because of the individual’s national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. Speak English-Only Rule: A rule requiring performance or negatively affect an individual’s employees to speak only English, at all times, on the employment opportunities. Employers have a job may violate Title VII, unless an employer shows it responsibility to maintain a workplace free of national is necessary for conducting business. If an employer origin harassment. Employers may be responsible believes the English-only rule is critical for business for any on-the-job harassment by their agents and purposes, employees have to be told when they must supervisory employees, regardless of whether the speak English and the consequences for violating acts were authorized or specifically forbidden by the the rule. Any negative employment decision based employer. Under certain circumstances, an employer on breaking the English-only rule will be considered may be responsible for the acts of non-employees evidence of discrimination if the employer did not tell who harass their employees at work. employees of the rule. Immigration-Related Practices Which May Accent: An employer must show a legitimate Be Discriminatory: The Immigration Reform and nondiscriminatory reason for the denial of Control Act of 1986 (IRCA) requires employers to employment opportunity because of an individual’s prove all employees hired after November 6, 1986, accent or manner of speaking. Investigations will are legally authorized to work in the United States. focus on the qualifications of the person and whether IRCA also prohibits discrimination based on national his or her accent or manner of speaking had a origin or citizenship. An employer who singles out detrimental effect on job performance. Requiring individuals of a particular national origin or individuals employees or applicants to be fluent in English may who appear to be foreign to provide employment violate Title VII if the rule is adopted to exclude verification may have violated both IRCA and Title individuals of a particular national origin and is not VII. Employers who impose citizenship requirements related to job performance. or give preference to U.S. citizens in hiring or Harassment: Harassment on the basis of national employment opportunities may have violated IRCA, origin is a violation of Title VII. An ethnic slur or unless these are legal or contractual requirements other verbal or physical conduct because of an for particular jobs. Employers also may have violated individual’s nationality constitute harassment if they Title VII if a requirement or preference has the create an intimidating, hostile or offensive working purpose or effect of discriminating against individuals environment, unreasonably interfere with work of a particular national origin. Texas Workforce Commission Facts About Age Discrimination Chapter 21, Texas Labor Code and The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Apprenticeship Programs: It is generally unlawful employees. An employer may reduce benefits based for apprenticeship programs, including joint labor- on age only if the cost of providing the reduced management apprenticeship programs, to discriminate benefits to older workers is the same as the cost of on the basis of an individual’s age. Age limitations providing benefits to younger workers. in apprenticeship programs are valid only if they fall Waivers of ADEA Rights: At an employer’s within certain specific exceptions under the ADEA or request, an individual may agree to waive his/her if the EEOC grants a specific exemption. rights or claims under the ADEA. However, the Job Notices and Advertisements: The ADEA ADEA, as amended by OWBPA, sets out specific makes it unlawful to include age preferences, minimum standards that must be met in order for limitations, or specifications in job notices or a waiver to be considered knowing and voluntary advertisements. As a narrow exception to that general and, therefore, valid. Among other requirements, rule, a job notice or advertisement may specify an age a valid ADEA waiver: (1) must be in writing and be limit in the rare circumstances where age is shown to understandable; (2) must specifically refer to ADEA be a “bona fide occupational qualification” (BFOQ) rights or claims; (3) may not waive rights or claims reasonably necessary to the essence of the business. that may arise in the future; (4) must be in exchange Pre-Employment Inquiries: The ADEA does for valuable consideration; (5) must advise the not specifically prohibit an employer from asking an individual in writing to consult an attorney before applicant’s age or date of birth. However, because signing the waiver; and (6) must provide the individual such inquiries may deter older workers from applying at least 21 days to consider the agreement and at least for employment or may otherwise indicate possible 7 days to revoke the agreement after signing it. In intent to discriminate based on age, requests for age addition, if an employer requests an ADEA waiver in information will be closely scrutinized to make sure connection with an exit incentive program or other that the inquiry was made for a lawful purpose, rather employment termination program, the minimum than for a purpose prohibited by the ADEA. requirements for a valid waiver are more extensive. Benefits:The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older Texas Workforce Commission Facts About Pregnancy Discrimination The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII and Chapter 21, Texas Labor Code. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Hiring: An employer cannot refuse to hire a woman Health Insurance: Any health insurance provided because of her pregnancy related condition as long as by an employer must cover expenses for pregnancy she is able to perform the major functions of her job. related conditions on the same basis as costs for An employer cannot refuse to hire her because of its other medical conditions. Health insurance for prejudices against pregnant workers or the prejudices expenses arising from abortion is not required, of co-workers, clients or customers. except where the life of the mother is endangered. Pregnancy and Maternity Leave: An employer Pregnancy-related expenses should be reimbursed may not single out pregnancy related conditions exactly as those incurred for other medical for special procedures to determine an employee’s conditions, whether payment is on a fixed basis or ability to work. However, an employer may use any a percentage of reasonable and customary charge procedure used to screen other employees’ ability basis. The amounts payable by the insurance provider to work. For example, if an employer requires its can be limited only to the same extent as costs for employees to submit a doctor’s statement concerning other conditions. No additional, increased or larger their inability to work before granting leave or paying deductible can be imposed. If a health insurance sick benefits, the employer may require employees plan excludes benefit payments for pre-existing affected by pregnancy-related conditions to submit conditions when the insured’s coverage becomes such statements. If an employee is temporarily effective, benefits can be denied for medical costs unable to perform her job due to pregnancy, the arising from an existing pregnancy. Employers must employer must treat her the same as any other provide the same level of health benefits for spouses temporarily disabled employee; for example, by of male employees as they do for spouses of female providing modified tasks, alternative assignments, employees. disability leave or leave without pay. Pregnant Fringe Benefits: Pregnancy-related benefits cannot employees must be permitted to work as long as they be limited to married employees. In an all-female are able to perform their jobs. If an employee has workforce or job classification, benefits must be been absent from work as a result of a pregnancy- provided for pregnancy related conditions if benefits related condition and recovers, her employer may are provided for other medical conditions.