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Texas Employment Discrimination

No matter what form it takes, on-the-job discrimination in Texas is all too common – and it may violate state and federal laws. If you’ve been the victim of workplace discrimination, the attorneys of Barry & Loewy LLP will use their extensive legal training and experience to make sure you receive the compensation you are entitled to for this injustice.

Chapter 21 of the Texas Labor Code and federal Title VII extend protections to individuals against employment discrimination. Among the areas covered:

* Age discrimination. State and federal laws ban age discrimination against employees aged 40 or older. The federal law applies to employees and job applicants.

* Race discrimination. It is illegal under state and federal statutes to discriminate against an employee or job applicant on the basis of race or color. Those laws apply in various aspects of the employment process including hiring, firing, promotion, pay and job training. Ethnic slurs, racial jokes and derogatory racial comments may constitute unlawful harassment if they create a hostile work environment or interfere with job performance. It is also illegal to exclude minorities from certain jobs or to categorize positions so that some jobs are generally held only by minorities.

* Sex discrimination. Federal law makes it illegal to discriminate against an employee or job applicant based on sex. Those laws apply to hiring, firing, promotion, pay and job training. Title VII also prohibits discrimination known as sexual harassment, which includes direct requests for sexual favors or a sexually charged workplace that creates a hostile environment. The federal act also bars discrimination related to pregnancy or childbirth.

* Religious discrimination. The Texas Labor Code and federal Title VII prohibits employers from discriminating against workers because of their religion. Employers must reasonably accommodate an employee’s religious practices unless it would create an undue hardship for the employer. Accommodating religious beliefs includes flexible scheduling, voluntary job swaps, reassignments and lateral transfers.

* National origin discrimination. State and federal laws protect workers against employment discrimination based on their national origin. The law makes it illegal to discriminate in the workplace because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

* Disability discrimination. The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of their disabilities. That law applies during hiring, firing, promotions, pay raises and job training, as well as other privileges of employment, such as health insurance.

Not all cases of workplace discrimination give rise to a cause of action, and not all employees are covered by state or federal employment discrimination laws.

Many of the discrimination laws are investigated by the Texas Workforce Commission Civil Rights Division. A formal complaint against an employer may involve a series of complex document filings with a state or federal agency, as well as a lawsuit and trial in state or federal court.

The attorneys of Barry & Loewy LLP are familiar with the employment discrimination laws of Texas and can give you a fair and thorough evaluation of your case. Barry & Loewy LLP is principally based in Austin, Texas and maintains an office in Houston, Texas. We actively litigate cases in Texas and throughout the nation. If you think you have been the victim of unlawful discrimination in the workplace, please contact Barry & Loewy LLP today.

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