Discrimination based on national origin, religion, and other grounds

AuthorRod Tanner
Pages1011-1086
24-1
NATIONAL ORIGIN,
RELIGION, ETC.
DISCRIMINATION
CHAPTER 24
DISCRIMINATION BASED ON
NATIONAL ORIGIN, RELIGION,
AND OTHER GROUNDS
BY ROD TANNER
24:1. INTRODUCTION
24:2. OVERVIEW OF TCHRA
A. Scope
B. Jurisdiction and Coverage
C. Relationship With Federal Law
D. Federal Burden of Proof Standard
E. Defenses
F. Remedies
24:3. DISCRIMINATION MODELS
A. Disparate Treatment
1. Individual Disparate Treatment
2. Cat’s Paw Doctrine
3. Mixed Motives Cases
4. Systemic Disparate Treatment
B. Disparate Impact
24:4. DISCRIMINATION BASED ON NATIONAL ORIGIN
A. Unlawful Employment Practices
B. Meaning of National Origin
1. National Origin of Ancestors
a. Birthplace and Language
b. Unique Considerations
c. Protected Subclasses
2. Employer Perceptions
3. Employee Relationships and Associations
C. National Origin Guidelines
D. Proving National Origin Discrimination
1. Disparate Treatment
a. Alienage and Citizenship Requirements
Texas Employment Law 24-2
NATIONAL ORIGIN,
RELIGION, ETC.
DISCRIMINATION
b. Linguistic Characteristics
c. Discrimination by Foreign Companies or Against Foreign Citizens
2. Disparate Impact
a. Language Requirements
(1) English-Only Rules
(2) Fluency Requirements
b. Height and Weight Standards
c. Foreign Education
3. Hostile Environment
a. Elements of Claim
b. Nature of Conduct
c. Employer Liability
d. Constructive Discharge
E. Defenses
1. Business Necessity
a. Scope of Defense
b. Disparate Impact Cases
2. Bona Fide Occupational Qualif‌ication
3. Reliance on Commission Interpretations
4. Mixed Motives Cases
5. Harassment Cases
F. Other Sources of Protection
1. Texas Constitution
2. Governor’s Equal Employment Opportunity Off‌ice
3. County and Municipal Ordinances
24:5. DISCRIMINATION BASED ON RELIGION
A. Coverage
1. Determination of Status
2. Covered Activities
3. Scope of Religious Organization Exemption
B. Unlawful Employment Practices
C. Protected Activity
1. Religious Beliefs
2. Religious Practices
3. Ministerial Duties
D. Reasonable Accommodation
1. Overview
2. Scope of Duty
a. Selection of Accommodation
b. Employee Suggestions
c. Dut y of Cooperation
3. Types of Accommodations
a. Work Schedules
b. Religious Dress and Grooming Practices
c. Testing and Screening
d. Other Accommodations
4. Undue Hardship
a. Genuine and Immediate Hardship
b. Cost Considerations
c. Impact on Other Employees
d. Collective Bargaining Agreements
e. Religious Activities in the Workplace
f. Illegality of Accommodation
24-3 Discrimination Based on National Origin, Religion, and Other Grounds
NATIONAL ORIGIN,
RELIGION, ETC.
DISCRIMINATION
E. Proving Discrimination—Failure to Accommodate
1. Sincerity of Beliefs
2. Nature of Beliefs
3. Notice to Employer
F. Other Causes of Action
1. Disparate Treatment
2. Religious Harassment
a. Quid Pro Quo Harassment
b. Hostile Environment Harassment
G. Defenses
1. Undue Hardship
2. Business Necessity
3. Bona Fide Occupational Qualif‌ication
4. Reliance on Commission Interpretations
H. Other Sources of Protection Against Religious Discrimination
1. Texas Constitution
2. Governor’s Equal Employment Opportunity Off‌ice
3. County and Municipal Ordinances
4. Religious Holy Days
24:6. OTHER BASES FOR DISCRIMINATION CLAIMS
A. Discrimination Based on Marital Status
B. Discrimination Based on Sexual Orientation
C. Discrimination Based on Off Duty Conduct
D. Discrimination Based on Criminal Record
E. Discrimination Based on Union Membership or Non-Membership
F. Discrimination Based on Jury Ser vice
G. Discrimination Based on Subpoena Compliance
H. Discrimination Based on Emergency Evacuation
I. Discrimination Based on Child Support Orders
J. Discrimination Based on Breast Feeding
K. Discrimination Based on Use of Genetic Information
L. Discrimination Based on Military Service
M. Restrictions on Blacklisting
N. Retaliation Claims Under TCHRA
1. Burden of Proof
2. Protected Activity
a. Participation Activities
b. Opposition Activities
c. Good Faith Belief
3. Unprotected Conduct
4. Third-Party Conduct
5. Retaliation
a. Adverse Employment Actions
b. Retaliatory Legal Actions
6. Causation
O. Retaliation Based on Reports of Health or Safety Violations
1. Workers’ Compensation Act
2. Hazard Communication Act
3. Private Nursing Homes
4. Assisted Living Facilities
5. Health Care Facilities
6. Physicians
7. Registered Nurses

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT