Sexual Orientation Questions Illegal in Texas

In Texas, employers absolutely cannot ask a person their sexual orientation.

If you have a suspicion or even concrete proof that you have been discriminated against in your workplace, you need to speak to an employment attorney. Stick to hiring an attorney who is local, as employment laws tend to vary from state to state. Hiring one who is familiar with the area and the work environment makes the most sense.

Typically speaking, there are two forms of illegal discrimination in most states and that includes Texas. The first one is refusing to hire someone based on their ethnic characteristics. The other is discriminating against a person for their sexual orientation. While many other states make the statement that it is illegal to discriminate against a person because of their sexual orientation, Texas does “not” specifically list this as an illegal reason for firing someone or for not hiring them. However, it’s definitely illegal for companies in Texas to “ask” about someone’s sexual orientation.

While this might seem to be a difference without a distinction, it is a fine line to walk and does happen to be rather difficult to prove if the “question” was not asked, but the person was indeed fired. It makes mounting a case based on discrimination due to sexual orientation tough. You need to keep an eye open during interviews for trick questions that try to tease out what your sexual orientation may be. This means you really need to be aware of what “legal” questions a job interviewer may ask that could let on what your orientation happens to be.

Here is another area you may be surprised by; it is illegal for an employer to not hire you if you have a criminal record, or fire someone if that person has a record. Employers are also not allowed to ask about arrests while you are being interviewed. The reason behind this no-no is that being accused of a crime does not make the person automatically guilty nor will barring them from employment help them get on with their lives. There is one exception here, and that relates to employers being entitled to ask if there are any felony convictions “if” it relates to duties to be performed for a particular job.

If you happen to be an illegal alien, the interviewer is allowed to ask you what your status happens to be if it relates to the work you will be doing. Be aware that it is not considered to be illegal if the employer declines to hire someone if they can’t perform a job without reasonable accommodations.

If you feel you have been treated unfairly or unjustly, it’s best to speak to a qualified employment attorney. You need to know what your rights are and if those rights have indeed been violated. If you have a case, your attorney will be able to advise you on how it will proceed.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Tags: Dallas business attorney, Dallas business lawyer, Dallas employment attorney, Dallas employment lawyer

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