Can an employer refuse to hire an applicant based on his or her age?

In Texas, an employer cannot refuse to hire an applicant based solely on their age. According to the Texas Commission on Human Rights Act, it is illegal for an employer to discriminate against someone based on their age during the hiring process. This applies to applicants who are over 40 years of age. This law also applies when it comes to promotions, wages, and terms of employment. Employers cannot deny an older worker a job, promotion, or raise based on their age. Additionally, employers must treat all employees equally with respect to wages, benefits, and other working conditions. When it comes to employee hiring, employers must make decisions about hiring based on the job requirements and the applicant’s qualifications. Employers also have the right to determine the necessary qualifications for a particular job and then choose the most qualified person. The decision cannot be based on age alone. It is important to note that an employer can still consider age when making hiring decisions, such as when hiring for an entry-level position that requires a certain level of physical fitness. As long as age is not the only factor being considered, the employer will likely be in compliance with the law.

Related FAQs

What is the difference between wrongful termination and constructive discharge?
What is the minimum wage?
Are employers allowed to ask job applicants about their military service?
What is the difference between an at-will and a contract employee?
What are the rights of employees whose jobs are being transferred overseas?
What are the remedies for sexual harassment in the workplace?
Can an employer refuse to hire an applicant based on his or her age?
What is privacy in the workplace?
What is the WARN act?
Can an employer require an employee to work overtime?

Related Blog Posts

Employment Law Overview: What Employers Need to Know - July 31, 2023
Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023