State Military Forces: Protections Against Adverse Employment Actions

Overview

If you believe you may have been discriminated against in employment due to your state military training and/or duty, you may submit a discrimination complaint through the TWC Civil Rights Division. Federal military personnel are not covered by the state legal code and should refer to the U.S. Department of Labor’s Uniformed Services Employment and Reemployment Rights Act.

State Government Code Chapter 437 (Chapter 437) provides certain employment protections for members of the state military force regarding discriminatory treatment because of their military training and/or duty.

The state military force consists of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, State Militia (when on active duty), or a member of a state or federally authorized Urban Search and Rescue Team and any other active militia or military force organized under state law.

An employer may not terminate the employment of an employee who is a member of the state military forces of this state or any other state because the employee is ordered to authorized training or duty by a proper authority. The employee is entitled to return to the same employment held when ordered to training or duty and may not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to employment.

An employee who is a member of the state military forces, a reserve component of the armed forces or a member of a state or federally authorized Urban Search and Rescue Team is entitled to a paid leave of absence while in authorized training or duty authorized by proper authority for not more than 15 workdays in a federal fiscal year.

During a leave of absence the person may not be subjected to loss of time, efficiency rating, personal time, sick leave or vacation time.

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How to Submit a Complaint

You can submit an employment discrimination complaint to us by e-mail, in writing or in person. You cannot submit a complaint by phone.

Submit Complaint in Writing:

Download and print the State Military Employment Discrimination Complaint Form State Military Employment Discrimination Complaint Form MS Excel or State Military Employment Discrimination Complaint Form PDF.

Mail the completed form to:

Texas Workforce Commission
Civil Rights Division
Attn: Manager Employment Investigations
101 E 15th St, Rm 144-T
Austin, TX 78778-0001

If you are sending supporting documents, be sure to send copies and keep your originals. We cannot return documents to you.

Submit Complaint in Person

You may submit a complaint in person at our office during business hours.

Texas Workforce Commission
Civil Rights Division
1117 Trinity St, Rm 144-T
Austin, TX 78701

 

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Requirements

A person claiming to be aggrieved by an unlawful employment practice under Chapter 437 Section 437.204 or the person's agent may file a complaint with the commission. You may submit a complaint that meets the following guidelines:

  • The complaint must be in writing under oath.
  • The complaint must state:

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Contact

TWC Civil Rights Division:

Form