Are there time limits that affect my legal rights?
Yes, and each different type of case has its own limitations and deadlines. In Texas, you must generally file an EEOC complaint within 180 days from the date of discrimination. However, there are other relevant deadlines. It is important to speak to an attorney as soon as possible to ensure your rights are protected and all available evidence is preserved early.
What is employment-at-will?
Texas law says that absent a specific agreement to the contrary, employment may be terminated by the employer or the employee at-will, with or without cause. To defeat the presumption of at-will employment, the employee has the burden to show that the employer unequivocally indicated a definite intent to be bound not to terminate the employee except under clearly specified circumstances or conditions. Absent specific exceptions and discrimination laws, employers retain broad rights over the decision to terminate in most circumstances.
Must an employer provide notice to an employee prior to discharge?
Generally, no. If the employee has a written contract requiring notice, or if there is a collective bargaining agreement with a notice requirement, then the employer must provide notice. The law requires notice in specific situations, such as a mass layoff or plant closure.
What is discrimination?
Discrimination occurs when you treat someone differently on the basis of some protected characteristic, such as race, gender, hair color, height and so on. Although some forms of discrimination are legal, many forms are not legal. The discrimination must also lead to some type of adverse employment action, such as termination, demotion, or other action that subsantially affects your employment.
Can an employer fire or discipline an employee for complaining about discrimination?
Most anti-discrimination laws contain a provision that forbids employers to retaliate against employees who assert their rights to a workplace free of discrimination. Both firing and discipline may constitute a form of retaliation under certain circumstances.
What do courts consider when determining if one employee was subjected to discrimination when compared to another employee?
Generally, the standard used to assess whether a plaintiff was subjected to discrimination is to compare the plaintiff with a “similarly-situated’ employee and determine if the two employees were treated differently because of a protected characteristic. For instance, if a female employee alleges she was terminated for sleeping on the job, the court will consider whether a man, working in the same department with the same job duties, who was also caught sleeping on the job was treated differently.
What is sexual harassment?
Harassment is a type of discrimination. The same laws that prohibit discrimination based on protected characteristics (such as race, gender, religion, and others) also prohibit harassment on the basis of those characteristics, or arising due to sex or gender (including pregnancy). Harassment occurs when an employee endures a work environment that is hostile, offensive, or intimidating because they possess a protected characteristic. Sexual harassment is a type of gender discrimination. It is any unwelcome sexual advance or conduct on the job because of that employee’s gender that creates an intimidating, hostile, or offensive working environment. Notice of such actions must be reported to your employer promptly. However, if possible, you should speak to a discrimination attorney prior to taking any action.
How does an employer know if an applicant or employee needs an accommodation based on a disability?
Generally speaking, it is the responsibility of the applicant or employee to inform the employer of the need for an accommodation. The Americans with Disabilities Act (ADA) does not require the employer to provide an accommodation if it is unaware of the need for one. Also, the employer may ask for documentation of the need for an accommodation where the disability may not be an obvious one.
Does my employer have to provide family and medical leave?
It depends on the size of the business. Generally, under the federal Family and Medical Leave Act (FMLA), your employer is required to allow employees up to 12 weeks of unpaid leave per year to care for a new child, care for a seriously ill family member, or recuperate from a serious health condition. However, this law only applies if your company employs more than 50 people within a 75-mile radius. However, even if the business is covered by the FMLA, only employees who have worked for at least a year and at least 1,250 hours during that year are eligible for leave.
What is a whistleblower?
A whistleblower is a government employee who in good faith reports to a law enforcement agency that there is a violation of state or federal law occurring in his workplace. The whistleblower statutes prohibit employers from firing a worker who is a whistleblower and also prohibits employers from firing employees who participate in government investigations and hearings relating to violations of law at the workplace. There is an equivalent law for private employers when the employee is retaliated against/terminated for refusing to perform an illegal act.
