The Texas Labor Code, Chapter 21, also known as the Texas Commission on Human Rights Act (TCHRA), prohibits employment discrimination based on national origin. This includes discrimination in hiring, firing, training, promotion, compensation, and other terms, conditions, and privileges of employment. The Act applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the state government. The TCHRA is enforced by the Texas Workforce Commission Civil Rights Division, which investigates discrimination complaints.
Under Section 21.051 of the Texas Labor Code, an employer commits an unlawful employment practice if because of national origin, the employer 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.
Section 21.055 makes it an unlawful employment practice for an employer, labor union, or employment agency to publish an advertisement for employment indicating a preference, limitation, specification, or discrimination based on national origin, unless national origin is a bona fide occupational qualification for employment.
While the Texas Labor Code does not have a specific section titled 'English-Only Rules,' policies regarding language in the workplace would be subject to the same anti-discrimination provisions of the Texas Labor Code, Chapter 21. Employers must ensure that any language requirements do not discriminate against employees based on national origin and are justified as a business necessity.
Section 21.056 of the Texas Labor Code states that it is an unlawful employment practice for an employer, labor organization, or employment agency to retaliate against a person who opposes a discriminatory practice, files a discrimination complaint, testifies, or participates in any manner in an investigation, proceeding, or hearing under Chapter 21.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or job applicants on the basis of national origin. This includes discrimination in hiring, firing, promotion, job assignment, compensation, training, and other terms, conditions, or privileges of employment. The law applies to employers with 15 or more employees, including federal, state, and local governments as well as private and public colleges and universities, employment agencies, and labor organizations. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates complaints of national origin discrimination. Discriminatory practices under Title VII also include harassment on the basis of national origin, such as offensive or derogatory remarks about a person's nationality, which create a hostile work environment. Additionally, employment policies or practices that negatively impact individuals of a certain national origin and are not job-related or necessary to the operation of the business are prohibited. Title VII also restricts the use of English-only rules and accent discrimination, unless they are necessary for the operation of the business and are implemented for nondiscriminatory reasons.
The Immigration Reform and Control Act of 1986 prohibits employers with 4 to 14 employees from discriminating against individuals on the basis of national origin. This law makes it illegal for small employers to make employment decisions, including hiring, firing, and recruitment, based on an individual's birthplace, nationality, ancestry, or any other factor related to national origin. IRCA also prohibits unfair documentary practices related to verifying the employment eligibility of employees and requires employers to ensure that employees are legally permitted to work in the United States. The Office of Special Counsel for Immigration-Related Unfair Employment Practices within the Department of Justice is responsible for enforcing the anti-discrimination provisions of IRCA.
Executive Order 11246, as amended, prohibits federal contractors and subcontractors from discriminating against employees or applicants for employment on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. The order applies to federal contractors and subcontractors and federally assisted construction contractors and subcontractors, who do over $10,000 in government business in one year. The order mandates that contractors take affirmative action to ensure that equal opportunity is provided in all aspects of employment. It is enforced by the Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor.