Texas Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Texas and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Under HB 2466, eligible employers will not be able to inquire about criminal history on a job application beginning on September 1, 2025. The requirement also restricts employers from asking about this history before making a conditional offer of employment. It extends to both public and private employers with 15+ employees.

Does Texas Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

The majority of the fair hiring laws in Texas mirror the federal regulations. Review additional detail below.

Do Texas Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The laws in Texas regarding equal pay for similar work mirror the federal EPA. The Texas Labor Code also specifically forbids discrimination based on sex in employment.

Do Texas Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Although the state and federal laws regarding age discrimination in employment are similar, one key difference is that the Texas Labor Code, Chapter 21 applies to employers with 15+ employees. The federal law includes employers with at least 20 employees.

Do Texas Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The state follows the ADA regarding discrimination based on disability status.

Do Texas Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under the Texas Commission on Human Rights Act (TCHRA), genetic information or test results cannot be used to discriminate against an individual in the hiring process. This mirrors the federal law.

Do Texas Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

While Title VII of the Civil Rights Act of 1964 and the TCHRA prohibit discrimination based on protected characteristics, the state law includes all employers while the federal law only extends to those with 15+ employees.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Texas?

Some municipalities enacted ban-the-box legislation prior to the statewide requirement being passed. But these local ordinances will be superseded by the statewide ban-the-box law when it goes into effect.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.