Texas Workplace Discrimination Attorney
Workplace Discrimination
A variety of state and federal laws protect employees from discrimination in the workplace.
Many of these laws require an employee to file a claim within 180 days (sometimes 300 days) after the violation. Therefore, if you’re a Texas victim of employment discrimination, you should contact David Langenfeld, a trusted Texas workplace discrimination attorney, immediately.
Instances of illegal discrimination often occur during the process of hiring, discipline, promotion, or termination.
Employers who unlawfully discriminate against employees or job applicants may be liable for lost wages, compensatory damages, punitive damages, and attorney’s fees.
David Langenfeld is a Texas workplace discrimination attorney who fights for clients in the following areas:
- Age
- Sex
- Race
- Color
- Religion
- Disability
- Pregnancy
- Nationality
Workplace Discrimination Based on Race, Color, Religion, Sex, or Nationality
Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against someone on the basis of race, color, religion, sex, or national origin.
Discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race, color, religion, sex, or national origin. Workplace discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
The law forbids workplace discrimination regarding any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
It is unlawful to harass a person because of that person’s race, color, religion, sex, or national origin.
Examples of workplace discrimination include slurs, offensive or derogatory remarks, or the display of offensive symbols.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Workplace Disability Discrimination
Workplace disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act (as amended) or the Rehabilitation Act (as amended) treats a qualified individual with a disability who is an employee or applicant unfavorably because he/she has a disability.
As well, workplace disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because he/she has a history of a disability (such as cancer that is controlled or in remission) or because he/she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job
applicant with a disability, unless doing so would cause significant difficulty or expense for the
employer (“undue hardship”).
A person can show that he or she has a disability in one of three ways:
- If he/she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- If he/she has a history of a disability (such as cancer that is in remission).
- If he/she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he/she does not have such an impairment).
If your Texas employer has engaged in such activity against you, contact a Texas workplace discrimination attorney at once.
Workplace Age Discrimination
Workplace age discrimination involves treating someone (an applicant or employee) less favorably because of his/her age.
The Age Discrimination in Employment Act (ADEA) only forbids workplace age discrimination against people who are age 40 or older.
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
It is unlawful to harass a person because of his/her age.
Examples of workplace age harassment include offensive remarks about a person’s age.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
If you’ve suffered such from your Texas employer, you should hire a Texas workplace discrimination attorney immediately.
Workplace Pregnancy Discrimination
Workplace pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits (such as leave and health insurance), and any other term or condition of employment.
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee.
For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to a pregnant employee if it does so for other temporarily disabled employees.
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
If you’re a Texan and the victim of such, you should consult a Texas workplace discrimination attorney as soon as possible.
Workplace pregnancy harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act.
Finally, the Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023. This law expands the rights of pregnant workers.
This is important because the Pregnancy Discrimination Act (PDA) only requires that employers not treat pregnant workers any different than they would other employees with a medical condition, whereas the PWFA may actually require that employers make reasonable accommodations to workers because of their pregnancy.
A Texas Workplace Discrimination Attorney Who Will Fight for You
David Langenfeld is an experienced and aggressive Texas workplace discrimination attorney who only represents employees, never employers. He will fight to get you what you are owed from your employer. Contact David today for a free consultation.