Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This post is an overview of employment discrimination. It does not address every form of unlawful discrimination or every method in which unlawful employment discrimination occurs. If you believe you are the victim of unlawful employment discrimination then you should speak with Texas employment discrimination lawyers. Many employment discrimination claims have a short statute of limitations so if you believe you suffer employment discrimination at work then you need to speak with an employment lawyer ASAP.
“Because of” discrimination in Texas
The most common form of workplace discrimination is when the employer engages in prohibited conduct because of the individual’s protected classification. This form of discrimination applies to all terms and conditions of employment from hiring and firing “because of” the protected trait, to less obvious terms and conditions of employment such as pay rate, raises, bonuses, promotions, job assignments, job duties, shift assignments, fringe benefits offered, demotions, false performance reviews, false disciplinary actions. This discrimination may target a single individual, a class of individuals, or result of non-discriminatory conduct that has a discriminatory impact.
Hostile work environment in Dallas and Fort Worth
Discrimination can also occur without any specific negative act by the employer or a supervisor through a hostile work environment. There are many components to prove a hostile work environment. The basic idea is that the employer and/or its employees have engaged in offensive conduct against the employee on the basis of a protected trait that is either so severe or so pervasive in the workplace that it causes a substantial negative effect on the employee. Employment lawyers help clients with harassment claims related to a hostile work environment including:
- Sexual harassment
- Racial harassment
- Harassment on the basis of age
- National origin harassment
- Disability harassment
- Harassment on the basis of religion
- Harassment as retaliation for complaining about employment discrimination
Refusal to provide a reasonable accommodation
When an employee has a disability and requires an accommodation, the employee must make the employer aware. The two sides must engage in a discussion to find a reasonable accommodation. A reasonable accommodation allows the employee to perform the essential job duties without undue burden on the employer. If the employer refuses to engage in conversation or refuses to implement a reasonable accommodation, this is also discrimination. This form of discrimination is specific to disability discrimination. However, disabled individuals can be discriminated against through “because of” discrimination and a hostile work environment.
Schedule a consultation with a Dallas and Fort Worth employment attorney
Employment discrimination can have a significant impact on an employee. Even if it does not result in a wrongful termination, it can cause financial hardship, emotional hardship and impair a career. If you believe you suffered unlawful employment discrimination at work then you should contact an employment lawyer right away. Employment lawyers help plaintiffs stop unlawful employment discrimination and pursue claims against their employers. You do not have to suffer the hardship of your employer’s bad acts. You can recover lost wages, attorney’s fees and other losses caused by your employer’s discrimination.