Proposed Texas bill may ban discrimination based on gender preferences

May 14, 2013

Proposed Texas bill may ban discrimination based on gender preferences

Article provided by English & Associates, PLLC
Visit us at http://www.englishpllc.com

Some Texas lawmakers are seeking approval for a bill that would ban job discrimination based on an individual's gender preference. The proposed law would ban segregating, failing to hire or discriminating against individuals due to their gender preferences such as:
-Sexual orientation: A person's romantic or sexual attraction to a specific gender

-Gender identification: An individual's concept of self as male, female, neither or both, that is independent of his or her physical attributes

-Gender expression: Outward presentation of gender identity through behavior, clothing, voice or other forms of personal expression that may or may not indicate sexual orientation

Over 20 states in the U.S. currently have laws protecting lesbian, gay, bisexual and transgender individuals from employment and workplace discrimination based on his or her gender or sexual identification, orientation or expression. By banning such discrimination, Texas employees may attain a higher level of job security because the basis for hiring or continuation of their jobs will be performance, ability, professionalism and job skills, rather than whom they love or how they dress.

Christian advocacy groups oppose the proposed legislation although none presented testimony at the legislative committee hearing regarding passage of the bill. Despite the lack of vocal opposition, the Houston Chronicle reports that the committee chairperson believes there is insufficient support to bring the proposed law to a vote.

Disallowed discrimination

Currently, employers in Texas may not discriminate against employees or potential employees based on the following criteria:
-Age
-Color, race or national origin
-Disability
-Gender
-Religious beliefs
-Pregnancy and use of pregnancy leave
-Participation in an emergency evacuation
-Filing or helping someone file a discrimination action

There are, of course, some exceptions or exclusions in certain types of cases but they are rare and very narrowly construed.

Without the addition of gender identity, sexual orientation and gender expression to the list of job discrimination protections, many Texans may be fired or not hired based solely on their gender preferences.

Retaliation

Additionally, Texas employers are prohibited from retaliating against employees who file complaints regarding discriminatory acts or otherwise assert their rights in the workplace. Acts of unlawful retaliation may include such acts as harassment, demotion or wrongful termination.

Seek legal advice

Current employees and individuals seeking employment should be aware of Texas anti-discrimination and retaliation laws. If you believe you are a victim of job or hiring discrimination or retaliation, consult an experienced employment law lawyer. An attorney knowledgeable about discrimination and retaliation cases may be able to help.