When you’re about to secure your ideal job, it’s natural to feel excited. But you may also feel a sense of caution. You’re about to navigate the complexities of Texas employment law, which can seem overwhelming. Getting hired for a new job involves a number of steps — from the application and interview process to negotiating an offer. Prospective employees have certain legal rights that must be protected. Federal and state laws also protect job candidates from discrimination to make sure the hiring process is fair.
Understanding Your Rights During the Hiring Process
Knowing your rights during the hiring process will make sure you’re treated fairly instead of being considered a “mere formality.” The hiring process has a plethora of potential pitfalls — from discriminatory language in job advertisements to intrusive background checks. But if you have the right knowledge, you can overcome these challenges.
Here are some of the important sources of protection for prospective employees:
- Federal Law.
- State Law.
- The EEOC.
- The Texas Labor Law.
When you apply for a job, you have rights whether you get hired or not. According to Federal Law, it’s illegal for employers to discriminate during the process. They can’t exclude a candidate based on the following factors:
- Race.
- National origin.
- Gender.
- Pregnancy.
- Age.
- Disability.
- Religion.
Employers must abide by anti-discrimination laws at every stage of the hiring process — from placing the ad and interviewing to choosing a specific candidate for the position. There are a few exceptions to this rule. Employers can discriminate if the candidate has a bonafide occupational qualification (BFOQ), which can be based on a reasonable and necessary job requirement.
Privacy Rights During the Hiring Process
Not only are job applicants in Texas legally protected from discrimination, but they’re also entitled to certain privacy rights that protect job applicants from intrusive inquiries and unauthorized access to personal information. So whether you’re applying for your first job or switching careers, you can be sure your personal information will be protected.
While employers have the right to answer questions to help them make an informed hiring decision, some are strictly prohibited. These include any questions about the following:
- Age.
- Marital status.
- Race.
- Ethnicity.
- Religion.
- Disability.
- Sexual orientation.
These questions are considered illegal, because they can lead to discrimination and violates the applicant’s rights under different employment laws (such as the Civil Rights Act of 1964 and the Americans with Disabilities Act). If employers are found to have asked illegal questions, they could be penalized according to state and federal laws. Affected individuals may also have the opportunity to take legal action against an employer.
Background Checks During the Hiring Process
It’s not uncommon for the hiring process to involve background checks, but they must be done fairly and in compliance with state and federal laws. Employers must comply with the Fair Credit Reporting Act (FCRA), Title VII of the Civil Rights Act, and other applicable state laws while conducting background checks. It makes sure that everything is done fairly and in compliance with regulations that prohibit discrimination according to protected characteristics.
Employers must follow certain legal requirements while carrying out background checks, which include the following:
- Securing written consent from the applicant.
- Using a reputable screening provider.
- Performing consistent screenings.
- Only requesting relevant information.
- Providing a copy of the background check report while adhering to all other legal obligations.
Employers must keep everything confidential throughout the process by implementing robust security measures to keep candidates’ information from being accessed by unauthorized individuals, and they must refrain from collecting any irrelevant data. Any breaches of these obligations can have serious consequences. This can include statutory damages, lawsuits, fines, damage to their reputations, and potential civil penalties.
What’s Involved in the Hiring Process
Every time an employer wants to hire someone, he or she should take the following steps before the new hire starts work:
- Get the employee’s Social Security number or IRS Individual Taxpayer Identification Number (ITIN).
- Have the employee fill out a W-4 form for income tax withholding.
- Make sure that Occupational Safety & Health Administration (OSHA) regulations are being followed.
- Arrange to pay relevant federal and state unemployment compensation taxes.
- Arrange to pay Social Security and Medicare taxes for the employee.
- Make sure that workers’ compensation insurance covers the new employee.
- Make sure that required labor notices are posted in the workplace as required by the Department of Labor (DOL).
- Help the new employee with registration for employee benefits.
The employer should avoid making promises to employees that he or she won’t be able to keep, because it can lead to a breach of contract. He or she should also be careful about exaggerating the security of the job or the prospects of the business.
If you’re looking for an attorney in Corpus Christi that can help you understand the finer points of Texas employment law, be sure to get in touch with Gale Law Group.