Employment discrimination is widely recognized as an illegal practice. However, what exactly constitutes discrimination changes over time. Due in part to a long-awaited shift in societal values, as well as empirical data establishing that many immutable characteristics have nothing to do with someone’s ability to perform the functions of a…
Most people on social media assume that their posts, while not necessarily private, are beyond the access of their employers. Indeed, part of what makes social media so valuable is that users are able to express themselves and their beliefs freely and without fear. However, many employees over the last…
Under Title VII to the Civil Rights Act of 1964, employers are prohibited from discriminating against their employees based on a number of criteria, including religion. Of course, under Title VII, employers are prohibited from making hiring or firing decisions based on a person’s religion, but the protection granted to…
No Texas employee should have to deal with being harassed, whether it’s from coworkers, management, or even customers. Federal law provides employees who have been the victim of workplace sexual harassment several alternatives. Commonly, when an employee is harassed, the harassing individuals are also employees of the company. However, that…
Disclosing a disability can be daunting because, in many instances, this requires individuals to discuss highly personal information with professional associates. There are many factors to consider when deciding how to disclose a disability. Prospective employees often feel pressured to disclose a disability, especially when they may require an accommodation.…
In 1973, the United States Supreme Court issued a landmark employment discrimination case, McDonnell Douglas v. Green, outlining a framework for analyzing cases alleging employment discrimination. The McDonnell-Douglas test, as it has come to be known, is applied in nearly all Texas employment discrimination cases.When the Supreme Court first announced…
Recently, a federal judge in Texas issued a ruling prohibiting Texas employers from discriminating against employees based on their sexual orientation or gender identity. Although the plaintiff in that case was ultimately unsuccessful in establishing a case of Texas sexual orientation discrimination, the decision paved the way for gender-identity discrimination…
Both the Americans with Disabilities Act (ADA) and the Texas Labor Code Chapter 21 prohibit employment discrimination based on disabilities in most workplaces in Texas. If you think you’ve been subjected to discrimination because of your disability, you may have a basis to bring a complaint to the Equal Employment…
If you are age 40 or over, you are protected from age discrimination under Texas Labor Code Chapter 21, as well as the federal Age Discrimination in Employment Act (ADEA). By law, a Texas private employer with a minimum of 15 or more employees is covered by state law. All…
As long as it has 15 or more employees, your employer cannot take adverse employment actions against you based on your sex under the Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act. Taking an adverse action against an employee based on his or her sex…
