Dallas Employment Lawyer Blog
Happy New Year! During this time of the year, many people set new goals for themselves hoping to improve the status quo. I am a firm believer that your environment affects your goals. For instance, a toxic supervisor or a hostile work environment can affect your professional goals. If you find yourself in a hostile work environment, you do not have to suffer in silence. This year, make it your priority to speak up, if you feel you are being subjected to discrimination and/or retaliation.
What does discrimination look like?
Workplace discrimination can appear in many forms. Sometimes, it is open and obvious; other times, it is subtle. But not all discrimination is illegal. Discrimination is only illegal when your employer discriminates against you because of a protected characteristic such as you race, national origin, disability, age, religion, or sex. Discrimination also includes harassment because of a protected activity. If you believe your boss is discriminating against because you like red socks, then that is not unlawful discrimination.
Here a few ways to identify discrimination. You are treated differently than your colleagues. You are often held to a higher standard. You are disciplined more than colleagues for making the same mistakes. You are not given the same job modifications as others. You are subjected to name calling. You are the most qualified but looked over for a promotion. You are paid significantly less than you colleagues. You were demoted and replaced by someone less qualified.
Types of Discrimination
Race/Color Discrimination
Under the Title VII of the Civil Rights Acts of 1964 and the Texas Labor Code, employers are prohibited from discriminating against employees or applicants because of their race or color.
National Origin Discrimination
Under Title VII of the Civil Rights Acts of 1964 and the Texas Labor Code, employers are prohibited from discriminating against employees or applicants because they are from a particular country or part of the world or because they are of a particular ethnicity or have an accent.
Religion Discrimination
Under Title VII of the Civil Rights Acts of 1964 and the Texas Labor Code, employers are prohibited from discriminating against employees or applicants because of a particular religious belief, or non-beliefs. It does not matter if the beliefs are traditional or nontraditional. Non-believers also are protected from religious discrimination. The law requires employers to provide reasonable religions accommodations for employees who need it.
Sex/ Gender Discrimination
Under Title VII of the Civil Rights Acts of 1964 and the Texas Labor Code, employers are prohibited from discriminating against employees or applicants because of their sex. This includes pregnancy, sexual orientation, and gender identity.
Age Discrimination
Under the Age Discrimination in Employment Act (ADEA) of 1967, employers are prohibited from discriminating against employees or applicants because they are over the age of 40. In Texas, it is legal for employers to favor older employees over employees younger than 40.
Disability Discrimination
Under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Texas Labor Code, employers are prohibited from discriminating against a qualified employee or application because of their disability. The law also protects employees from discrimination because of their association with a person with disabilities (like the employee’s child or spouse). Employers are required to provide reasonable accommodations to employees or applicants with disabilities.
Pay Discrimination
The Equal Pay Act prohibits employers from paying employees differently because of their race, color, religion, sex (including sexual orientation, pregnancy, and gender identification). Men and women who are doing the same work in the workplace are required to be paid equally.
Do yourself a favor, if your experience discrimination in the workplace this year call our attorneys at Rob Wiley P.C. 214-528-6500