EMPLOYMENT AND CIVIL RIGHTS LAW TEAM
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 termination and other 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 employer 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.&nbsThe Texas Workers Compensation Act
prohibits employers from discriminating or retaliating against an employee
because he or she filed claims for benefits.
Illegal Actllegal 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.&nbsIf 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
1967ct 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 (lities 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 1973al">Rehabilitation Act of 1973
This law is similar to the ADA in prohibiting discrimination
against disabledHowever, 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)e 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 andt-style:">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 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 Servicestyle:">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)h Act of 1970
(OSHA)
This federal law governs workplace safety.
Under the law, employers are responsible for providing a safe work
envThe 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 rtunity 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 Texase w:st="on">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.