Texas Fair Hiring Laws - WorkforceHub
The Texas Fair Hiring Laws, largely mirroring federal regulations enforced by the EEOC and DOL, include specific provisions such as the upcoming HB 2466 "ban-the-box" law effective September 1, 2025, which prohibits employers with 15 or more employees from inquiring about criminal history on job applications or before making conditional offers, while Texas also aligns with federal laws like the Equal Pay Act and Age Discrimination in Employment Act in protecting against employment discrimination.
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 relate 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.
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Georgia Fair Hiring Laws - WorkforceHub
The guide explains that Georgia's fair hiring laws include unique provisions such as the First Offender Act, which seals first-time offenders' criminal records from most background checks and prohibits discrimination against them, and a 2015 ban-the-box law for public sector employers that restricts when criminal history can be considered, highlighting differences from federal regulations enforced by the EEOC and DOL.
Iowa Fair Hiring Laws - WorkforceHub
The guide explains that Iowa's fair hiring laws, which include broader protections against discrimination based on gender, race, sexual orientation, religion, disability, and age starting at 18, as well as specific requirements like written pay statements, differ from and in some cases extend beyond federal regulations such as the Equal Pay Act and Age Discrimination in Employment Act, while also addressing aspects like ban-the-box laws related to criminal history inquiries during hiring.
California Fair Hiring Laws - WorkforceHub
California's Fair Chance Act, effective since January 2018, is a state-specific "ban-the-box" law that prohibits most employers with five or more employees from inquiring about or considering a candidate's criminal history before making a conditional job offer, mandates individualized assessments of conviction records after such offers, and restricts the use of certain criminal history information, thereby imposing stricter hiring regulations than federal fair hiring laws.
Connecticut Fair Hiring Laws - WorkforceHub
Connecticut's fair hiring laws, which include stricter provisions than federal regulations such as applying anti-discrimination protections to employers with as few as three employees and implementing "ban-the-box" rules limiting when criminal history can be inquired about, cover areas like equal pay, age discrimination, and disability accommodations, with some differences in definitions and employer coverage compared to federal laws like the EPA, ADEA, and ADA.
Vermont Fair Hiring Laws - WorkforceHub
The Vermont Fair Hiring Laws, governed by the Vermont Fair Employment Practices Act (FEPA), include state-specific provisions such as a "Ban-the-Box" law restricting when employers can inquire about criminal history, and enhanced equal pay protections that prohibit wage discrimination based on sex or gender identity, going beyond federal regulations like the Equal Pay Act.
Tennessee Fair Hiring Laws - WorkforceHub
The Tennessee Fair Hiring Laws guide explains that while federal laws like those enforced by the EEOC and DOL set baseline employment regulations, Tennessee has specific variations such as its Equal Pay Act applying to all employers regardless of size, and Senate Bill 2440 banning public employers from asking about criminal history on job applications until later in the hiring process, reflecting nuanced differences from federal statutes.