Best Job Discrimination Lawyers in Texas

About Job Discrimination Law in Texas, United States

Job discrimination occurs when an employee or job applicant is treated unfairly based on certain protected characteristics, such as race, color, religion, sex, national origin, age, disability, or genetic information. In Texas, both federal and state laws are in place to protect workers from discrimination in employment decisions - including hiring, firing, promotions, compensation, and other terms or conditions of employment. Job discrimination laws aim to create an equal and fair work environment for everyone.

Why You May Need a Lawyer

A lawyer with experience in job discrimination claims can be essential in several situations, such as:

• If you believe you have been denied a job, promotion, or raise based on a protected characteristic.
• If you experience harassment or a hostile work environment related to your race, gender, religion, or another protected status.
• If you are retaliated against for reporting discriminatory behavior or participating in a discrimination investigation.
• If you have been wrongfully terminated or demoted due to unlawful bias.
• If you have questions about your rights or the process for filing a complaint.
• If your employer fails to provide reasonable accommodations for a disability or religious practice.
• If you are uncertain about the strength of your case or the best course of action.

Legal counsel can help you understand your rights, evaluate your claim, gather evidence, represent you in administrative proceedings or court, and negotiate settlements.

Local Laws Overview

In Texas, job discrimination is governed by both federal and state laws. Federal protections are enforced by agencies such as the Equal Employment Opportunity Commission (EEOC) and are primarily provided under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Texas has additional protections under the Texas Labor Code, specifically Chapter 21, often referred to as the Texas Commission on Human Rights Act. This law closely mirrors federal protections and applies to employers with at least 15 employees. Key aspects include:

• It is unlawful for Texas employers to discriminate based on race, color, disability, religion, sex, national origin, or age (for those over 40).
• The Texas Workforce Commission (TWC) Civil Rights Division investigates job discrimination claims at the state level.
• Complainants generally have 180 days from the alleged discriminatory act to file a charge with the TWC or the EEOC.
• Both public and private employers are covered, with some exceptions for very small employers and certain nonprofit organizations.
• Retaliation against individuals who file a complaint or participate in an investigation is also prohibited by both state and federal law.

Frequently Asked Questions

What are protected characteristics under job discrimination laws in Texas?

Protected characteristics include race, color, national origin, sex (including pregnancy, sexual orientation, or gender identity), religion, age (40 and over), disability, and genetic information.

How long do I have to file a job discrimination complaint in Texas?

You typically have 180 days from the date of the alleged discrimination to file a charge with the Texas Workforce Commission or the EEOC.

What kind of evidence do I need to prove job discrimination?

Evidence can include documentation of the discriminatory act, emails or written communication, witness statements, employment records, and employer policies or practices that show bias.

Can I be fired for complaining about discrimination?

No. Retaliation against employees who file a complaint or participate in an investigation of discrimination is strictly prohibited by law.

Does job discrimination law apply to all employers in Texas?

Most employers with 15 or more employees are covered by state and federal job discrimination laws, but some smaller employers or certain nonprofits may not be included.

What types of discrimination are most commonly reported in Texas?

Common claims include discrimination based on race, sex, age, disability, and retaliation for reporting discrimination or harassment.

Is harassment considered a form of job discrimination?

Yes. Harassment based on a protected characteristic that creates a hostile work environment or affects employment decisions is considered discrimination.

Can I sue my employer for discrimination?

In most cases, you must first file a charge with the TWC or EEOC and allow them to investigate. After the process, if the issue is not resolved, you may be able to file a lawsuit.

What remedies are available if discrimination is proven?

Remedies can include reinstatement, back pay, compensation for emotional distress, punitive damages, required policy changes, and attorneys’ fees.

Do I need a lawyer to file a job discrimination complaint?

You are not required to have a lawyer, but legal advice can help you understand your rights, prepare your claim, and improve your chances of a successful outcome.

Additional Resources

Several resources can help individuals dealing with job discrimination in Texas:

• Texas Workforce Commission (TWC) Civil Rights Division - Investigates employment discrimination claims at the state level.
• Equal Employment Opportunity Commission (EEOC) - Federal agency responsible for enforcing federal employment discrimination laws.
• Local Legal Aid Organizations - Provide free or low-cost legal services for eligible individuals.
• State Bar of Texas - Can help you find qualified employment law attorneys in your area.
• Employee Rights Advocacy Groups - Offer guidance, tools, and support for workers facing discrimination.

Next Steps

If you believe you have been the victim of job discrimination in Texas, consider taking the following actions:

• Document the events, conversations, and actions related to the alleged discrimination.
• Review your employer’s anti-discrimination policies or employee handbook.
• Report the behavior to your company’s human resources department or management.
• Contact the Texas Workforce Commission or EEOC to file a formal complaint within the required timeframe.
• Consult with a lawyer who specializes in employment discrimination to discuss your case and your rights.
• Follow up with any investigations and keep records of all communications.

A lawyer can provide valuable guidance throughout the process to protect your rights and pursue the best possible resolution for your circumstances.