The Texas Workforce Commission has removed language from their website falsely claiming sexual orientation and gender identity are protected classes in Texas.

A webpage defined employment discrimination as “where an employer treats an applicant or employee less favorably merely because of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. Employment discrimination also applies to work situations such as hiring, firing, promotions, harassment, training, wages, and benefits.”

State Rep. Brian Harrison (R–Midlothian) called attention to the matter, saying his office would “be demanding answers.”

Less than 24 hours later, the TWC appears to have backtracked.

An update to the webpage currently omits the terms “sexual orientation” and “gender identity” from the definition. 

“I’m proud to have helped deliver this victory for Texas, grateful for the many grassroots activists who spoke out against this dangerous policy, and appreciate [the Texas Workforce Commission] quickly addressing this problem,” Harrison wrote in a social media post. 

A TWC spokesperson told Texas Scorecard, “TWC’s website has been updated to accurately reflect prohibited classifications as set forth in the text of federal statutes. TWC continues to investigate employment discrimination complaints consistent with federal and state law.”

A proponent of adding sexual orientation as a protected class in 2019 was House Speaker Dade Phelan.

Before becoming speaker, he was chair of the House State Affairs Committee. The Senate passed five pieces of legislation that would have prevented local governments from micromanaging private businesses. When that legislation was sent to the House and referred to his committee, Phelan added a “nondiscrimination” rider for sexual orientation to each bill to appease LGBT activists, telling the media he was “done talking about bashing on the gay community.” The legislation ultimately did not pass.

Due to his efforts, Phelan was one of only three Texas House Republicans to receive a positive grade from Equality Texas, a pro-LGBT advocacy organization.

Brandon Waltens

Brandon serves as the Senior Editor for Texas Scorecard. After managing successful campaigns for top conservative legislators and serving as a Chief of Staff in the Texas Capitol, Brandon moved outside the dome in order to shine a spotlight on conservative victories and establishment corruption in Austin. @bwaltens

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