The Equal Employment Opportunity Commission (EEOC) reports that retaliation is the most common type of discrimination lawsuit employees bring against their employers. Under state and federal anti-discrimination laws, Texas employees and prospective employees cannot be punished for any “protected activity.” Protected activity is a legal term used to describe an…
Under the Americans with Disabilities Act (ADA), employers cannot discriminate against prospective or current employees based on their disability. The ADA provides that qualified individuals with disabilities should receive a reasonable accommodation to perform their job duties, unless it imposes an undue burden on the employer. These accommodations offer disabled…
The Fourth Amendment to the United States Constitution provides citizens with protections against unreasonable searches and seizures, and gives them the right to be secure in their persons, houses, papers, and effects. While this may seem to confer privacy rights to employees, the Amendment was intended to protect citizens from…
The Immigration and Nationality Act (the Act) provides U.S. citizens, permanent residents, asylum seekers, and refugees protection against employment discrimination based on their immigration status. The Act applies if an employer has more than four employees. Discrimination under the Act occurs when an employer treats a person differently based on…
The Texas Workforce Commission (TWC) oversees unemployment compensation cases for Texas citizens who are out of work through no fault of their own. To determine whether an individual is entitled to an employment benefit, such as unemployment compensation, the TWC must know what caused an employee and employer to go…
The Fair Labor Standards Act (FLSA) establishes specific standards for part-time and full-time employment. The FLSA applies to private, state, and local, and federal government employees in Texas. According to the Texas Workforce Commission, this federal act covers minimum wage, overtime pay eligibility, and record keeping. Although the FLSA covers…
In addition to the Americans with Disabilities Act, the Rehabilitation Act of 1973 (the Act) protects employees who work for the federal government, a program conducted by a federal agency, a program receiving federal financial assistance, or a federal contractor. This Act protects the rights of people with disabilities from…
Last week we discussed Texas employers’ responsibilities after an employee reports discrimination, including instances involving hostile work environments. Here, we take a closer look at what constitutes a hostile work environment. Under state and federal civil rights laws, Texas employers are prohibited from engaging in discrimination based on an employee’s…
In the event a Texas employee experiences harassment or discrimination in the workplace, they should notify their employer of the unwanted or offensive conduct immediately. In response to such a report, an employer is required to take prompt remedial measures to rectify the situation. Under Texas law, employment discrimination and…
Under both state and federal law, Texas employees are protected from discrimination based on pregnancy and pregnancy-related illnesses; however, that was not always the case. Originally, the Civil Rights Act of 1964, which prohibited discrimination on the basis of race, color, religion, sex, and national origin was not interpreted by…