Preemployment Screening and Testing: Texas

Federal law and guidance on this subject should be reviewed together with this section.

Author: Mark Levine, Weycer, Kaplan, Pulaski & Zuber, P.C.

Summary

• Employers are permitted to obtain records on prior workers' compensation claims, but should rely on that data with great caution so as not to violate the Americans with Disabilities Act and Texas Labor Code provisions regarding discrimination against individuals with disabilities. See Prior Workers' Compensation Claims.
• Texas mandates background checks on persons working in contact with school children, who perform work in private homes (e.g., delivery services and residential service providers), and who work in certain healthcare related positions. See Mandatory Background Screenings.
• Texas limits the time period for criminal background checks to seven years for jobs paying less than $75,000 annually. See Arrest and Conviction Records.
• While the state recognizes negligent hiring claims, a new law protects Texas employers from many of these claims. See Protection for Employers.
• A new mandatory E-Verify requirement applies to state agencies. See E-Verify.
• Texas prohibits the discriminatory use of genetic information and discrimination because of an applicant's refusal to permit genetic testing. See Genetic Testing.
• Austin has requirements pertaining to preemployment screening and testing. See Local Requirements.