Chapter 25
MISCELLANEOUS TEXAS LAWS
Summary
This chapter addresses those Texas statutory and common laws affecting the employment relationship which have not been covered in other chapters of this book. The following is a summary of the chapter.
- A person who is a member of the military cannot be terminated when called to duty for training or a state emergency. The employee is entitled to return to the same position held when he or she was ordered to active duty.
- An employer is generally prohibited from discharging an employee who is called to jury service.
- Mentally retarded persons cannot be denied employment except when based on a bona fide occupational qualification.
- An employer cannot retaliate against an employee for voting for or against a candidate or for not revealing how he or she voted. An employee must be allowed to vote.
- State and local governments cannot terminate or discipline an employee who reports an employer's violation of the law.
- Employees are protected from reprisal if they report a complaint under the Hazard Communication Act.
- Nursing home employees must report incidents of abuse or exploitation of residents to law enforcement authorities.
- Employers are prohibited from requiring job applicants to take an AIDS test. The statute also prohibits disclosure of an AIDS test result without consent of the individual.
- Employers cannot terminate or discipline an employee for complying with a subpoena.
- Treatment for drug and/or alcohol abuse must be covered under a group health policy.
- An employer is prohibited from discriminating against a person on the basis of genetic information, or because the person refuses to submit to a genetic test.
- The following tort theories affect the employment relationship: defamation, intentional infliction of emotional distress, fraud, tortious interference with a contract, tortious interference with business relations, and invasion of privacy.
- At-will employees have no cause of action for negligent investigation.