There are many types of employment discrimination that take place in all kinds of workplaces today. Title VII of the Civil Rights Act of 1964 and following acts and amendments passed, names them; including race, age, disability, gender, pregnancy, religion discrimination and a few others. The law also protects the employees from losing their job and financial losses or hardship as a result of employment discrimination by enabling recovery of damages. Generally, Title VII applies to employers with 15 or more employees, although this may vary slightly.
In addition, if there is a legal connection or contract of employment, then an employer has certain duties it owes to the employee. For instance, if there is an official contract of employment, the employer (not just the employee) is required to comply with all provisions in the contract, whether it is termed a contract, offer letter, or form of application. There are also duties to provide information to the employee in relation to risks, hazards or other job requirements; an employer must keep records of the financial compensation and taxes for the employee and that the employee is paid in a timely manner. Other duties an employer should follow towards the employee include a duty of good conduct, duty to indemnify, and duty to provide a safe work environment.
Our firm handles an array of employment discrimination claims for clients located in Texas,(including Houston, Dallas, Fort Worth, Austin and San Antonio),
including those arising out of:
The unfortunate effect of discrimination is that
it typically winds up interfering with the employee’s ability to perform his/her job. An employee often faces additional injustice as they are criticized and reviewed for poor work performance during or after the discriminating acts took place (if they were not already dismissed). This demonstrates the importance of documenting specific instances or occurrences of events that you feel are unfair and possibly discriminatory. Documentation will not only be helpful to an attorney to determine whether you have a case, but will also be helpful to you as evidence or proof if you do decide to file a claim.
In Texas, after consulting an attorney, a claim is first filed in your local city office of the Texas Human Rights Commission (THRC), which is the state level arm of the EEOC (United States Equal Employment Opportunity Commission). You must first file a claim with THRC before a civil lawsuit can be filed and once the THRC completes its investigation, then the claim can also be pursued at the federal level if necessary. In 2005, over 75,000 charges of discrimination were filed with the EEOC; some of these were for multiple types of employment discrimination, so the actual number is probably much higher.
If you have been wrongly treated by your employer, don’t suffer any further. This affects you in every aspect of your life, not just at work. It can be a complicated process to file a discrimination claim and it is imperative that you have the assistance of a competent attorney to guide you through it.