Are employers allowed to ask job applicants about their criminal records?
Yes, employers in Texas are allowed to ask job applicants about their criminal records. This is because employers have the right to protect their business property and the safety of their employees. The Texas Workforce Commission states that employers must comply with both state and federal laws when it comes to criminal background checks. Under the Texas Labor Code, employers are entitled to ask job applicants about their criminal histories. Additionally, Texas employers may consider a conviction or deferred adjudication when making a hiring decision, but they may not take into account arrests, charges, or other criminal records that did not result in a conviction or deferred adjudication. In Texas, employers are not allowed to use criminal records to discriminate based on race, color, or national origin, or to limit or deny employment opportunities to individuals who have not been convicted of a crime. They must also protect the privacy of applicants by not using the information in a way that would violate any privacy laws. Although employers in Texas may ask job applicants about their criminal records, they must be sure to follow the Texas Labor Code and Federal Laws in doing so. It is important for employers to be aware of the rules and regulations to ensure that they are making lawful decisions with regards to hiring.
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