Are employers allowed to ask about an applicant’s national origin during the hiring process?

In Texas, employers are not allowed to ask about an applicant’s national origin during the hiring process. Asking about an applicant’s national origin could be considered illegal discrimination under state and federal law. The Texas Commission on Human Rights Act, Title VII of the federal Civil Rights Act, and other discrimination laws all prohibit employers from asking about an applicant’s national origin during the hiring process. This includes avoiding such topics as a person’s ethnicity, family, or individual ancestry or cultural background. Additionally, employers are prohibited from making job decisions, such as hiring and pay, based on an applicant’s national origin. Employers have a legal duty to make decisions regarding employment based solely on the individual’s qualifications, without taking their national origin into consideration. The US Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces anti-discrimination laws, and any employer found to be discriminating against an applicant based on their national origin would be subject to penalties. Overall, while employers cannot ask about an applicant’s national origin, it is important for them to ensure that they are providing equal opportunities to all applicants, regardless of their national origin. This helps to ensure a fair and unbiased hiring process.

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