Texas Laws Limiting the At-Will
Doctrine:
- Texas Labor Code
§451.001: Prohibits retaliation for filing a workers' compensation
claim in good faith.
- Texas Labor Code
§101.052: Prohibits denial of employment based on union membership or
non-membership.
- Texas Government
Code §431.006: Prohibits discharge because of active duty in state
military forces.
- Texas Civil
Practices and Remedies Code §122.001: Prohibits discharge because of
jury service.
- Texas Labor Code
§21.051: Prohibits discrimination based on race, color, disability,
religion, national origin, age, or sex.
- Texas Family Code
§158.209: Prohibits discrimination based on withholding order for
child support.
- Texas Health and
Safety Code §592.015: Mandates that mentally retarded individuals
receive equal employment opportunities.
- Texas Election
Code §276.004: Employers are criminally liable for prohibiting employees
from voting.
- Texas Election
Code §276.001: Felony offense for employers who retaliate against
employees for voting a certain way.
- Texas Election
Code §161.007: Criminal liability for employers who prohibit or
retaliate against employees for attending a political convention as a
delegate.
- Texas Labor Code
§52.041: Subjects employers to fines for coercing employees to
purchase certain merchandise.
- Texas Health and
Safety Code §81.102: Limits an employer's ability to require employees
to undergo test for AIDS virus.
- Texas Revised
Civil Statutes Annotated Article 4512.7 §3: Prohibits discrimination
against health care employees for refusing to perform or participate
in an abortion.
- Texas Government
Code §554.002: Protects public employees from retaliation for
reporting, in good faith, the employing governmental entity's or
fellow employees' violations of law to an appropriate law
enforcement agency.
- Texas Government
Code §554.002: A physician cannot be retaliated against for
reporting to the State Board of Medical Examiners the acts of
another physician that pose a continuing threat to the public
welfare.
- Texas Revised
Civil Statutes Annotated article 4495b §5.06(d), (q): Prohibits
retaliation against nursing home employees who report abuse or
neglect of a nursing home resident.
- Texas Health and
Safety Code §242.133: Employers who use hazardous chemicals may not
retaliate against employees for reporting a violation of the
Hazardous Communication Act.
- Texas Agriculture
Code §125.013(b): Prohibits retaliation against agricultural laborer for
reporting a violation of the Agricultural Hazardous Communication
Act. Nor can employers retaliate against employees for opposing or
reporting discriminatory practices in the workplace.
- Texas Labor Code
§21.055 and 411.082: Prohibits employers from retaliating against
employees for using the Workers' Compensation Commission's toll-free
telephone service to report, in good faith, an alleged violation of
an occupational health or safety law.
- Texas Local
Government Code §160.006: Prevents county employees from being
subject to retaliation for exercising a right to participating in a
grievance procedure established under Chapter 160 of the Local
Government Code.
- Texas Revised
Civil Statutes Annotated article 4525a, §1: Nurses are required by
law to report another Nurse who "has exposed or is likely to expose
a patient or other person unnecessarily to a risk of harm" or who "is
likely to be impaired by chemical dependency."
- Texas Health and
Safety Code §161.134: Provides a specific cause of action against a
hospital-employer who has retaliated against an employee for
reporting a violation of the law to a supervisor.
|