Employment Discrimination, Texas Lawyer

Texas Employment Discrimination Law

Texas is an employment at will state.  As recognized by the Texas Workforce Commissionabsent a statute or an express agreement (such as an employment contract) to the contrary, either party in an employment relationship may modify any of the terms or conditions of employment, or terminate the relationship altogether, for any reason, or no particular reason at all, with or without advance notice.

However, there are limitations to the “employment at will” doctrine.  One exception is the “public policy” exception which protects employees from termination or adverse job action in retaliation for the employee having refused to commit a criminal act on the employer’s behalf.

In addition, an employer cannot discriminate against an employee. The Texas Workforce Commission Civil Rights Division (TWCCRD) enforces the Texas Commission on Human Rights Act, (TCHRA). Chapter 21 of the Texas Labor Code codifies the Texas Discrimination laws:

Sec. 21.051.  DISCRIMINATION BY EMPLOYER.  An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer:

(1)  fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment; or

(2)  limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

Sec. 21.055 also makes it an unlawful employment practice to retaliate or discriminate against a person who (1)  opposes a discriminatory practice; (2)  makes or files a charge; (3)  files a complaint; or (4)  testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.

If you have suffered an employment harm, because of your racecolorreligionnational originsex (including sexual harassment and pregnancy), agedisability, or retaliation, the TWCCRD may have jurisdiction to investigate your claim.

Texas is also a right to work state.  Under the Texas right to work laws, employment may not be conditioned or denied on the basis of membership or non-membership in a union.  See the Texas Labor Code  §§101.052-.053.

Federal Employment Discrimination Law

There are also Federal laws prohibiting job discrimination which are enforced by the EEOC:

The federal laws prohibit employers from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business.

After timely filing with the EEOC and/or TWCCRD and allowing the agencies to investigate, employees may receive a Notice of Right to Sue.  Please see our post EEOC Charge of Discrimination.

You may also find useful information on these posts; Overtime Regulations, Wage and Hour Law, Texas Employment and Non Compete Agreements, and EEOC Charge of Discrimination, Defending and Resolving.

If you are a Texas employer in need of an Employment Lawyer with experience in defending Employment Discrimination case, please do not hesitate to give us a call.

Board Certified Labor and Employment Lawyer

East Texas Attorney, Michelle Jones is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has over 27 years experience helping employers.  If you are an employer in need of a Labor and Employment Lawyer, please do not hesitate to call Michelle at 903-236-4990 or toll-free at 888-236-4878.

Wage and Hour Law

Fair Labor Standards Act

The Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act are overseen by the Wage and Hour Division (WHD) of the U.S. Department of Labor.  WHD also administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees is the Fair Labor Standards Act (FLSA).

The FLSA provides the U.S. Department of Labor with civil and criminal remedies, and also includes provisions for individual employees to file private lawsuits. The 1989 Amendments to FLSA added a provision for civil money penalties (CMP) for repeated or willful minimum wage or overtime violations.

The FLSA does require that employers keep accurate records of hours worked and wages paid to employees.  Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) provides a summary of the FLSA’s record keeping regulations..

For employees who work on contracts with the Federal government,  The Davis-Bacon and Related Acts cover workers on Federal construction contracts, and on construction contracts with State and local governments that are Federally financed or assisted, in whole or in part. Workers on Federal service contracts are covered by McNamara-O’Hara Service Contract Act (SCA) , and workers on Federal supply contracts are covered by Walsh-Healey Public Contracts Act (PCA).

FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file private lawsuits. The 1989 Amendments to FLSA added a provision for civil money penalties (CMP) for repeated or willful minimum wage or overtime violations.

If receive you notice that you are being investigated by the Department of Labor concerning these matters, we recommend you contact a Labor and Employment lawyer.

You may also find useful information on these posts; Overtime Regulations, Employment Discrimination, Sexual Abuse, Texas Employment and Non Compete Agreements, and EEOC Charge of Discrimination, Defending and Resolving.

Board Certified Labor and Employment Lawyer

East Texas Attorney, Michelle Jones is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has over 27 years experience helping employers.  If you are an employer in need of a Labor and Employment Lawyer, please do not hesitate to call Michelle at 903-236-4990 or toll-free at 888-236-4878.

EEOC Charge of Discrimination, Defending and Resolving

U.S. EEOCCharge of Discrimination

If you have received a charge of discrimination, the Equal Employment Opportunity Commission (EEOC) website describes  The Charge Handling Process.  You may be asked to provide information.  The EEOC may send you a Request for Information (RFI), request an on-site visitand/ or request witness interviews of your employees.  You may also have the opportunity to submit a Statement of Position.

After completing the investigation, the investigator will

  • Issue a Dismissal and Notice of Rights that tells the charging party s/he has the right to file a lawsuit in federal court within 90 days from the date of receipt of the letter; or
  • Issue a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge, through an informal process known as conciliation; and
  • If the Charge is not resolved the EEOC has the authority to file a lawsuit in federal court to enforce violations of its statutes.  The  EEOC may  decide not to litigate and send the charging party  a Notice of Right to Sue allowing the charging party to file a lawsuit in federal court within 90 days.

It is our recommendation that you retain a lawyer to represent and guide you through the process as soon as you receive the Charge of Discrimination.  If you deal with the Charge seriously and correctly in the beginning, you may be able to get it dismissed or resolved to your satisfaction.  You  should not  ignore  or fail to respond to the EEOC.  Even if it is not dismissed, there may be a way to resolve the Charge without a lawsuit.  Three methods of resolution include mediation, settlement and conciliation.  These methods are described on the EEOC website Resolving a Charge.

An experienced Board Certified Labor and Employment Lawyer such as Michelle Jones may be able to help you through the process.

Board Certified Labor and Employment Lawyer

East Texas Attorney, Michelle Jones is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has over 23 years experience helping employers.  If you are an employer in need of a Labor and Employment Lawyer, please do not hesitate to call Michelle at 903-236-4990 or toll-free at 888-236-4878.

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