Category Archives: Employment Discrimination

Employment Discrimination Claims in Texas

Employment discrimination claims in Texas are generally subject to both federal and state laws. The primary federal law that addresses employment discrimination is Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin. Additionally, other federal laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) prohibit discrimination based on disability and age, respectively. These laws are enforced by the Equal Employment Opportunity Commission (EEOC).

In Texas, the Texas Labor Code also provides protections against employment discrimination. The Texas Commission on Human Rights Act (TCHRA) is the state law equivalent of Title VII and covers many of the same protected categories, including race, color, religion, sex, national origin, disability, and age. It is enforced by the Texas Workforce Commission’s Civil Rights Division.

Employees who believe they have been subjected to employment discrimination in Texas typically need to follow a process that may involve the following steps:

Filing a Complaint: Employees who believe they have experienced discrimination must usually file a complaint, called a Charge of Discrimination, with the appropriate agency. In Texas, this is with the Texas Workforce Commission’s Civil Rights Division or the EEOC.
Investigation: After filing a complaint, the agency will investigate the claim to determine if there is evidence of discrimination. This may involve gathering information from both the employer and the employee.
Resolution: The agency may offer mediation to the parties, which allows the parties to attempt to resolve the matter at a very early stage in the process. Depending on the investigation’s findings, the agency may also attempt to mediate a resolution between the parties. If mediation is unsuccessful, the agency may proceed with formal legal action.
Legal Action: If a resolution cannot be reached, the agency or the employee (after receiving a “right-to-sue” letter) can choose to pursue legal action in court. This involves filing a lawsuit against the employer for alleged discrimination.
Legal Remedies: If the court finds in favor of the employee, remedies might include back pay, reinstatement, compensation for emotional distress, and attorney’s fees. The specific remedies depend on the nature of the discrimination and the applicable laws.

It’s important to note that there are specific deadlines for filing discrimination complaints, and these can vary depending on whether you are filing under state or federal law. If you’re considering pursuing an employment discrimination claim in Texas, it’s highly recommended to consult with an experienced employment law attorney to understand your rights and navigate the legal process effectively.

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Pregnant employees given new protections under Pregnant Workers Fairness Act

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. This recently passed federal law requires certain employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or other related medical conditions. The only exception for employers is if they can show that the accommodation will cause an “undue hardship” for the business. The Equal Employment Opportunity Commission (EEOC) has been tasked with enforcing the PWFA.

Who is protected under the PWFA?

The PWFA protects employees who have any known limitation related to pregnancy, childbirth, or a related medical condition. This can include both physical and mental conditions. An employee wishing to afford herself protections under the PWFA must inform their employer of the condition. While employees are no longer required to prove that their condition constitutes a “disability” under the Americans with Disabilities Act to be protected, the employee must still be able to perform the essential functions of their job with or without a reasonable accommodation. To be protected, the employee must be employed by a private or public sector employer with at least 15 employees.

What protections do pregnant employees have?

Employers are required to provide eligible employees with a reasonable accommodation unless the employer can show that the accommodation would create significant difficulty or expense for the employer. While there is no exhaustive list of what constitutes a reasonable accommodation under the PWFA, possible accommodations for pregnant employees may include the following:

Break/rest time;
Leave;
Specialized seating;
Temporary reassignment; and
Change to schedule/hours.

What to do if my employer is not providing pregnancy related accommodations?

If you are pregnant, nursing, or recently gave birth, and your employer is refusing to provide you with a reasonable accommodation, it is important to know your legal rights. First, you can and should contact an employment attorney in your area who is knowledgeable about protections for pregnant employees. You also have the right to file a charge of discrimination with the EEOC.

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How to Pick the Employment Discrimination Attorney who is Right for You

When you pick someone to represent you in anything, you want to make sure that he/she is someone you trust and respect. Choosing an attorney to represent you in an employment discrimination claim should be no different. The attorney-client relationship that is formed in an employment discrimination case can be a very personal one. There are oftentimes private details that must be shared, and you need to be comfortable speaking about those details with your attorney. You also want an attorney who has experience representing individuals in claims of discrimination before the Texas Workforce Commission and Equal Employment Opportunity Commission, as well as in filing discrimination lawsuits in State and Federal Court.

What should I look out for when talking to an employment discrimination attorney?

In addition to the obvious emotional aspect of an employment discrimination claim, you also want an attorney who believes in your claim. Now, this does not mean that you should expect to walk into an attorney’s office and have the attorney tell you that he/she can guarantee you a certain result or some specific amount of money. When an employment discrimination attorney tells you in your first meeting that he/she will get an exact amount of cash in your pocket at the end of the process, you should probably run for the door. There are far too many variables to take into account in evaluating a claim, and it is impossible to know how a case is going to turn out before it even begins. However, an experienced attorney may be able to provide you with a range of possible damages and what types of monetary settlements he/she has seen in similar types of cases.

Pick the attorney you think is right for YOU!

Employment discrimination claims are often brought after an employee has been fired from his/her job. It can be a very emotional time. You want to make sure that you are picking an attorney who you feel can best serve you and your claim. You may decide that you like the attorney’s game plan, you may have been referred to the attorney by a friend or a colleague, or you may just like the attorney’s personality or demeanor. At the end of the day, you need to choose the attorney who you think will have your best interests at heart.

If you are looking for an employment discrimination attorney in the Central Texas area, you can always contact the Lawyer Referral Service of Central Texas or the State Bar of Texas Lawyer Referral & Information Service.

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EEOC Sues Corpus Christi Hotel for Pregnancy Discrimination After Pregnant Employee Fired Because She was a “Liability”

On January 25, 2021, the EEOC filed a lawsuit in federal court alleging that Awon Phie LLC d/b/a Holiday Inn Express & Suites violated federal law when it fired an employee because she was pregnant. It is alleged in the lawsuit that a manager at the hotel told the employee that she was a “liability” because of her pregnancy and fired her. If proven, the actions by the hotel violate Title VII of the Civil Rights Act on 1964, which prohibits pregnancy discrimination in the workplace. As one of the EEOC attorneys has been quoted in this case, “[a] pregnant employee who is ready, willing, and able to work has the right to continue to earn a living.”

Pregnant Employees have Legal Rights

With the passage of the Pregnancy Discrimination Act of 1978, Title VII of the Civil Rights Act of 1964 was amended to protect pregnant employees from discrimination in the workplace. The Pregnancy Discrimination Act protects female employees (or applicants) from discrimination or harassment in the workplace on the basis of pregnancy, childbirth, or related medical conditions. If a pregnant employee is willing and able to work, an employer cannot fire that employee or force her to stop working. Furthermore, pregnant employees are protected from harassment by their employer, which could include unwanted comments, jokes, or other behavior that creates a hostile or offensive work environment.

What is the EEOC’s role?

The EEOC is a federal agency that is responsible for investigating allegations of discrimination in employment. Individuals in Texas have 300 days from the date of any discriminatory act to file what is called a Charge of Discrimination with the EEOC. After a Charge of Discrimination has been filed, the EEOC conducts an investigation (lasting 180 days or longer) into the allegations of discrimination. At the conclusion of its investigation, the EEOC has the authority to file a lawsuit in federal court on behalf of the employee (and any similarly situated employees) to enforce the law and prevent any further discrimination. Even if the EEOC does not decide to file a lawsuit, the employee receives a Right to Sue letter from the EEOC that affords the individual the right to file suit in federal court on her behalf.

Do I need an employment lawyer?

While it is not required to have legal representation through the Charge of Discrimination process before the EEOC, it is highly recommended that you seek out an employment lawyer in your area prior to filing (time permitting). An employment lawyer can help focus the allegations on what is most relevant and help navigate through the intricacies of both the law and the EEOC administrative process.

If you have been discriminated against, harassed, or fired while pregnant, or if you have any questions about your legal rights as a pregnant employee under both Texas and federal law, please do not hesitate to contact an employment discrimination lawyer for a free initial consultation.

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Employees with Disabilities During the Pandemic – COVID-19 and the ADA

Employees with disabilities have long known that they are protected under the Americans with Disabilities Act (ADA), including the requirement that employers provide reasonable accommodations. However, during these previously unforeseen times, there have been a lot of questions about how the ADA applies to employees with disabilities during the pandemic, what rights to accommodations employees with disabilities have, and have employer obligations under the ADA changed at all. While this post is meant to provide employees with general guidance on these issues, do not wait to contact an employment attorney in your area if you believe that your rights have been (or continue to be) violated by your employer.

Requests for Reasonable Accommodations during the Pandemic

The requirement that employers provide employees with reasonable accommodations under the ADA has not changed due to the pandemic. Reasonable accommodations may include any adjustment or modification of job duties that enable an employee with a disability to perform the essential functions of his/her job, so long as the accommodation does not create undue hardship for the employer.

It is now well known that certain disabilities place individuals at a heightened risk of serious illness or death from COVID-19. Because of this, employees who suffer from one of these disabilities may need to request a reasonable accommodation to protect themselves from exposure. While this is not an exhaustive list, reasonable accommodations could include

telework
modified job assignments
temporary transfer to a different position,
modified work schedule
using physical barriers
a change in office space to reduce the chance of exposure

Ultimately, as was the case before the pandemic, if an employee believes that he/she needs an accommodation to perform the job, the employee needs to notify the employer and submit the request. An employee and employer must engage in what is called the ‘interactive process’ to figure out what, if any, reasonable accommodations may be appropriate.

Employees’ Right to Privacy

Under the ADA, employers are required to keep employees’ medical information confidential (i.e. store separately from the employee’s personnel file). However, this has been somewhat complicated by the pandemic. For example, what does a supervisor do if he/she discovers that an employee has tested positive for COVID-19? While the supervisor is obligated to keep this medical information confidential, the supervisor is not prevented from reporting the information to the appropriate designated individual (oftentimes HR) so that the company can take proper steps to protect other employees. The ADA also does not prevent an employer from asking the positive employee about who they have come into contact with at work so that the employer can notify those individuals that they may have been in contact with someone who tested positive (without disclosing the identity of the positive employee).

Know Your Rights

Know your rights, stand up for yourself, and get the advice and representation that you need. If you have a disability and need an accommodation (related to the pandemic or otherwise), it is always important that you advocate for yourself. If your employer is not respecting your rights and following the law, speak to an employment attorney who can advocate for you. If you have been fired because of your disability or request for reasonable accommodation, it is imperative that you contact an employment attorney who can pursue any available legal claim and remedies on your behalf.

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NDAs and Settlement Agreements – Will my Settlement Prevent me from Talking?

Although there has been a recent shift away from NDAs (Non-Disclosure Agreements) or confidentiality provisions in settlement agreements related to employment discrimination claims, they remain very prevalent. Most settlement agreements contain language that prevents an employee or former employee from discussing the terms of the settlement or even allegations related to the discrimination or harassment experienced by the employee.

Additionally, settlement agreements oftentimes contain non-disparagement provisions that limit the employee’s ability to make negative comments about the company (or its employees). While these limitations can have certain benefits for both parties, they almost always favor the employer. Ultimately, if a settlement agreement contains an NDA, an employee must weigh his/her desire to speak publicly about what took place against his/her desire to resolve the matter by way of a monetary settlement.

With the #MeToo movement came a push to limit the use of NDAs in settlement agreements related to claims of sexual harassment and sex discrimination. In 2017, a federal tax law went into effect which limited a company’s ability to deduct settlement payments for tax purposes when the agreement contains a non-disclosure provision. The purpose of this law was to restrict a company’s ability to prevent an employee from discussing allegations of sexual harassment publicly. While that is certainly a positive development, there remain concerns that this may have also had the unintended consequence of causing some employers to devalue sexual harassment claims or even discourage employers from settling sexual harassment claims altogether.

Employees must know what they can or cannot talk about if they are going to enter into a settlement agreement with their employer. When you receive a settlement or severance agreement from an employer, it is important that you fully understand your obligations and the impact that each provision will have on you. This is not a situation to play an armchair attorney.

Having an experienced employment lawyer review the agreement before you sign will give you the knowledge to make a fully informed decision that is best for you.

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