Employment Discrimination

As an employee, you are protected against unlawful discrimination under both Federal and State law.  While both laws are similar, they are not exactly the same.  Below is a description and some of the protections afforded by each. 

Federal - Title VII 

Title VII of the Civil Rights Act of 1964, as amended, prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

It is unlawful for an employer to discriminate in the following practices: hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment.

Please remember that a charge must be filed with Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the alleged violation, in order to protect the charging party's rights.



(Source: www.eeoc.gov)



If the deadline is near, the most important thing is to make sure the charge is timely filed even if you have not yet hired an attorney.  Typically, when there is not a concern for a fast approaching deadline, we handle the filing of EEOC claims for our clients and  do not recommend that potential clients file with the EEOC without getting representation first.  Mistakes could be made in the filing of the claim that could later adversely affect your case.

Texas - Chapter 21 of the Labor Code

Chapter 21 of the Texas Labor Code states than an employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer:



(1)  fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment;  or


(2)  limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

Please remember that a charge must be filed with Texas Workforce Commission (TWC) within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

If the deadline is near, the most important thing is to make sure the charge is timely filed even if you have not yet hired an attorney.  Typically, when there is not a concern for a fast approaching deadline, we handle the filing of TWC claims for our clients and  do not recommend that potential clients file with the TWC without getting representation first.  Mistakes could be made in the filing of the claim that could later adversely affect your case.