Menes Law Firm

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Dallas EMPLOYMENT AND CIVIL RIGHTS Law

OUR PROBLEM-SOLVING EMPLOYMENT AND CIVIL RIGHTS LAW TEAM

Fighting to Protect Your Rights throughout Dallas, Fort Worth & Plano

Our Problem-solving Employment Law Team is very well experienced and positioned to aggressively fight for the rights of employees. In the past, we have handled and favorably resolved lawsuits against both governmental and private employers for violations of employee rights. Although employment in most States, including Texas, is at-will, we have relied on federal civil rights laws to bring employers to justice where they engaged in wrongful conduct against employees. The following are some of the federal and state laws that protect the rights of employees in Texas:

Title VII of Civil Rights Act of 1964

This is a federal law that prohibits employment discrimination or retaliation on the basis of gender, race, color, ethnicity, national origin, or religion. The law requires that every employee must be treated equally regardless of gender, race, color, ethnicity, national origin, or religion

Texas Commission on Human Rights Act (Title VII)

This is Texas' counterpart of the federal civil rights law. Similar to the federal law, the state law prohibits from discriminating or retaliating against an employee on the basis of gender, race, color, ethnicity, national origin, religion, age, disability.

Texas Workers' Compensation Act

Some employers disfavor employees who had filed claims for workers compensation benefits in the past. The Texas Workers Compensation Act prohibits employers from discriminating or retaliating against an employee because he or she filed claims for benefits.

Illegal Act

An employer may not discriminate or retaliate against employee for refusing to engage in an illegal act. For instance, if the employer asks the employee to engage in an illegal scheme, the employee should refuse to do so. If terminated for such refusal, the employee may sue the employer and recover compensation. No retaliation for refusal to disobey the law

Age Discrimination in Employment Act of 1967

This is a federal law aimed at protecting older workers. Under the law, an employer may not discriminate or retaliate against an employee on the basis of age. This law only applies and protects persons who are 40 years of age or older.

Americans with Disabilities Act of 1990 (ADA)

This federal law prohibits discrimination on the basis of an employee's disability. In fact, the law requires that the employer must make reasonable accommodation for the disabled person in the workplace. The law has certain guidelines on determining who is "disabled."

Rehabilitation Act of 1973

This law is similar to the ADA in prohibiting discrimination against disabled workers. However, this particular law applies only to certain employers who receive government assistance, such as certain schools, churches, and private organizations.

Family and Medical Leave Act of 1993 (FMLA)

The FMLA requires employers to grant up to 12 weeks of leave to eligible employees for birth or adoption of child or to care for self, child, spouse, or parent suffering from serious health condition. To be entitled to the FMLA, the employee must have been employed for the past twelve months and fulfill certain conditions.

Equal Pay Act

This law prohibits discrimination in salary or wages on basis of a person's gender. The law requires that any differential in salary or wages should be based on seniority, merit, productivity or other factors that are not related to gender

Bankruptcy and Indebtedness

Federal law prohibits discrimination or retaliation on basis that employee is a debtor or bankrupt under the Bankruptcy Code. It also prohibits the employer from discriminating or retaliating against the employee on the basis that the employee's wages are being garnished. A similar Texas law prohibits discrimination against an employee on the basis that such employee has a child support withholding order against him or her.

Jury Service and Political Service

Federal and Texas laws prohibit discrimination or retaliation against employee for attending jury service. Additionally, Texas law prohibits employers from denying an employee opportunity to vote, coercing employee to vote a particular way, or preventing employee from attending a political convention.

Military Service

An employer may not discriminate or retaliate against an employee on basis of the employee's military obligations. For instance, a reserve military person is protected for engaging in activities related to such military service.

Occupational Safety and Health Act of 1970 (OSHA)

This federal law governs workplace safety. Under the law, employers are responsible for providing a safe work environment. The law prohibits employers from retaliating against employee for reporting or testifying about violations of occupational and safety standards.

Fair Labor Standards Act (FLSA)

This is the law that established a national minimum wage and set a standard for overtime pay. Under the law, an employee is entitled to be paid no less that the prevailing minimum wage. Also, an employee is entitled to be paid time and half for working more than 40 hours a week. Note that there are exceptions under the law, such as salaried worker, certain restaurant employees, etc. FLSA prohibits an employer from retaliating against an employee for complaining to the Department of Labor or employer about wage and hour violations.

Equal Opportunity Commission (EEOC) and Texas Commission on Human Rights

These are the two major agencies that monitor and investigate allegations against employers relating to discrimination and retaliation. These agencies are mandated to ensure that certain anti-discrimination and retaliation laws are not violated. The EEOC is a federal agency which serves as a gatekeeper for the federal anti-discrimination laws. An employee whom alleges violation of certain federal laws prohibiting discrimination or retaliation must file a complaint with the EEOC within 300 days from the date of the alleged violation. Thereafter, if the employee wishes to file a lawsuit, he or she must do so within 90 days of receiving right-to-sue letter from the EEOC.

 

Texas Commission on Human Rights is a Texas counterpart of the EEOC and handles claims alleging violations of certain Texas laws prohibiting discrimination and retaliation laws. Unlike the EEOC, an employee alleging violation of Texas law must file a complaint with the Texas Commission on Human Rights within 180 days from the date of such violation.