Employment discrimination occurs when an employer treats an applicant or employee less favorably because of his or her race, color, religion, age, national origin, or disability. It can apply to a number of work situations (such as hiring, firing, promotions, harassment, training, wages, and benefits). The Age Discrimination in Employment Act and the Americans with Disabilities Act prohibit employment discrimination, but some corresponding laws in Texas place limitations on its “at-will employment” doctrine.
Discrimination Laws in the State of Texas
Employers are not allowed to base their decisions on hiring, firing, promotion, or payment of an employee who belongs to a protected class. Texas has adopted the Texas Commission on Human Rights (TCHRA), which is the state’s version of federal employment statutes. It protects employees from discrimination based on race, color, disability, sex, national origin, age, or genetic information. Its purpose was to give Texans the same rights guaranteed in federal employment discrimination statutes.
Like its federal counterparts, the TCHRA only protects employees. It doesn’t protect independent contractors. So whether that person is an employee will depend on whether he or she is economically dependent on the employer and whether that person has the right to control how the worker performs his or her job. This approach in determining employment status is often referred to as the “hybrid test.”
Texas Law protects you from employment discrimination when it involves any of the following:
- Unfair treatment because of your race, color, religion, national origin, disability, age (40 or older), or genetic information.
- Harassment by managers, co-workers, or others in the workplace because of your race, color, religion, sex, national origin, disability, age (40 and older), or genetic information.
- Denial of a reasonable workplace change that you need because of your religious beliefs or disability.
- Retaliation because you complained about job discrimination or helped with a job discrimination proceeding (such as an investigation or lawsuit).
Be sure to speak to a qualified attorney for more information.
The Process of Filing a Discrimination Complaint in the State of Texas
According to the TCHRA, an employee has 180 days to file a complaint with the Texas Workforce Commission, which is the state agency that oversees and enforces the employment discrimination provisions of the TCHRA. Its authority is similar to the Equal Employment Opportunity Commission (EEOC), which enforces federal employment statutes.
Because the TCHRA is modeled after and references federal employment statutes, the TWC uses it to interpret the TCHRA. It uses the same statutes to determine policies and practices for how it operates. If an employee wants to go to court for unlawful discrimination, that person must exhaust his or her administrative remedies before seeking judicial action. Employees can’t sue an employer for discrimination without filing a charge with the TWC and going through their process.
Available Remedies to a Wronged Employee in the State of Texas
The remedies available to a wronged employee under the TCHRA are the same as those available under Title VII of the Civil Rights Act, which is a federal anti-discrimination statute. The employee can either get equitable or monetary relief. In some cases, he or she can get relief from attorneys’ fees. The court can issue an injunction to an employer, which requires that person to stop the discriminatory practice. It can also order an employer to hire or reinstate an employee who has been discriminated against.
Anyone who has experienced employment discrimination is entitled to back pay, which is the amount of wages that he or she would have received if the incident had not occurred. It’s calculated from the day the discrimination started to the day of a jury verdict. Back pay will only be awarded for no more than two years before the date the complaint was filed. Any interim earnings, workers’ compensation, and unemployment benefits are subtracted from the back pay.
An employee may also be entitled to front pay, which provides compensation for any wages or benefits he or she may have lost in the future. If an employee has been discriminated against, he or she may be able to receive damages for emotional or mental distress (especially if the act was intentional). But to receive punitive damages (which is meant to punish the person involved in the wrongdoing), the employee must prove that the employer acted with malice or reckless indifference while discriminating against that person.
If you’re looking for an attorney in Corpus Christi who understands Texas discrimination laws, be sure to get in touch with Gale Law Group.