Federal and Texas Discrimination Law

If you believe that you have been discriminated against, contact our Texas Employment Law Firm.

Age Discrimination

Age discrimination is prohibited by the Federal Age Discrimination in Employment Act ("ADEA") and by Texas labor law.  Age discrimination consists of discriminating against an employee, 40 years of age or older, because of his or her age.  Typical cases involve the discharge, layoff, refusal to hire or refusal to promote a person 40 years of age or older under circumstances that suggest that age was a reason for the employer's decision. This typically, but not necessarily, involves the identification of a substantially younger employee or applicant who was treated more favorably under similar circumstances.  A person wishing to explore a claim of age discrimination should do so promptly.  There are administrative filing requirements that must be met or the right to relief will be lost.  If you believe that you have been discriminated against, you should contact a Texas Employment Attorney.

Disability Discrimination in Employment

The Americans with Disabilities Act of 1990, as amended in 2008 ("ADA") and Texas labor law protect the rights of disabled Americans by allowing those discriminated against by employers to pursue damages.  The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity.   A disabled individual is otherwise qualified to work if he or she can perform the essential functions of the job, with or without reasonable accommodation provided by the employer.  In 2008, Congress expanded the definition of "disability".  A person wishing to explore a claim of disability discrimination should do so promptly.  There are administrative filing requirements that must be met or the right to relief will be lost.  If you believe that you have been discriminated against, you should contact a Texas Employment Attorney.

Gender Discrimination in Employment

The Equal Pay Act of 1963 prohibits discrimination in compensation on the basis of an employee's gender.  Equal work must be rewarded with equal pay unless the pay differential is based on a bona fide system in terms of seniority, merit, productivity, quality, or another factor not related to gender.  Equal work means work of substantially equal skill, effort, and responsibility, performed under substantially similar working conditions.  The job titles may be different, but as long as the essential skill and responsibilities of the job are the same, the pay should be the same, regardless of whether the position is held by a man or a woman.

Title VII of the Civil Rights Act of 1964 and Texas labor law also make it unlawful for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" because of an individual's gender.  

The Pregnancy Discrimination Act of 1978 is an amendment to Title VII and also prohibits discrimination on the basis of pregnancy, childbirth, or a related medical condition.  Not only may an employer not refuse to hire a pregnant employee because of her condition, but it also may not treat a current employee any differently, pass over for promotion and advancement or withhold work assignments because of her pregnancy.  In the event an employee is unable to perform her job due to pregnancy related conditions, she should be treated as any other temporarily disabled employee.  A person wishing to explore a claim of gender discrimination should do so promptly.  There are administrative filing requirements that must be met or the right to relief will be lost.  If you believe that you have been discriminated against, you should contact a Texas Employment Attorney.

Family and Medical Leave Act

The Family and Medical Leave Act of 1993 ("FMLA") requires employers to grant twelve weeks of unpaid leave to an eligible employee for the birth or adoption of a child, or to care for oneself or a child, spouse, or parent suffering from a serious health condition.  The FMLA also requires that the employer restore the employee to the same or an equivalent job upon his or her return to work. To be eligible for FMLA leave, an employee must have been employed for at least twelve months and must have worked at least 1,250 hours during the twelve months prior to the leave. Employees at work locations with less than fifty employees are not eligible for leave unless the employer has fifty or more employees employed within seventy-five miles of the work site.  If your employer fired you or refused to restore you to the same or an equivalent job when you returned from FMLA, contact a Texas Employment Attorney.