Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

When can Texas employees be discriminated against due to their military service?

1. Only during times of conflict

2. Under no conditions

3. If they have received a dishonorable discharge

4. If they do not inform their employers

The correct answer is: Under no conditions

In Texas, as well as under federal law, employees cannot be discriminated against due to their military service under any circumstances. This stems from the Uniformed Services Employment and Reemployment Rights Act (USERRA), which provides protections for individuals who serve in the military. The law is designed to ensure that service members can return to their jobs without facing discrimination based on their military status or experiences. This includes all aspects of employment, such as hiring, promotion, job retention, and other benefits. Discrimination against employees based on their military service can lead to legal consequences for the employer. The notion that discrimination might be permissible under certain conditions, such as during times of conflict or based on discharge status, is not accurate since USERRA extends protections regardless of the context. Moreover, the requirement for an employee to inform their employer about their military service does not exempt the employer from adhering to non-discriminatory employment practices. Thus, there is a clear legal framework in place that categorically protects employees from discrimination stemming from their service in the military, reinforcing the correctness of the answer given.