State Military Forces: Protections Against Adverse Employment Actions

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.

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:
  • That an unlawful employment practice under Section 437.204 has been committed
  • The facts on which the complaint is based, including the date, place and circumstances of the alleged unlawful employment practice
  • Facts sufficient to enable the commission to identify the respondent