DISCRIMINATION ATTORNEYS IN HOUSTON AND THE WOODLANDS

In 2019, the Equal Employment Opportunity Commission (EEOC) received more than 70,000 complaints of workplace discrimination. Unfortunately, despite the number of laws that have been put in place, discrimination continues to be a rampant issue and perhaps most dramatically in our places of employment.

Discrimination in the workplace occurs when an employee is treated less favorably than others because of a personal attribute ranging from sex to age to national origin and more. Employers need to monitor their workplaces carefully to ensure a discrimination-free environment, and where discrimination exists, employees have the right to seek legal redress.

Examples of discrimination include failure to hire, having shifts cut, being dismissed, being denied advancement opportunities or needed training, and being subject to taunts or abuse based on one’s personal properties.

If you're the victim of workplace discrimination, the attorneys at Starzyk & Associates, P.C. can help you. With our compassionate guidance and determination, we will fight to defend your rights. We proudly serve clients in our immediate areas of The Woodlands, Magnolia, Conroe, Spring, and Houston, as well as across Texas, and the United States.

What Constitutes Discrimination?

The Civil Rights Act of 1964 and subsequent national legislation addressed the issue of discrimination in the workplace as it regards employees’ race, color, religion, sex (including pregnancy), age (40 and above), disability, genetic information, or national origin. In summer 2020, the U.S. Supreme Court ruled that the term “sex” includes sexual orientation and gender identity.

Federal law also protects against harassment, which includes threatening, insulting, berating, or cursing out an employee, whether in public or private. The City of Houston and the State of Texas also maintain strong anti-discrimination and anti-harassment laws and regulations and enforce them vigorously.

Prohibited Conduct in the Workplace

Discrimination is prohibited in every aspect of employment including:

• Hiring - Such as job advertisements, recruiting practices, and background checks.

• Conditions of Employment - Such as job payment, opportunities for advancement, training, and reasonable accommodations.

• Termination - Such as constructive discharge, wrongful termination, or retaliation.

Discrimination doesn’t necessarily have to be intentional. Rather, the law prohibits employers from having any policies or practices that have a disproportionately negative effect on applicants or employees of a protected class, even where these policies or practices appear neutral on the surface.

According to the EEOC, retaliation is the most common complaint received. When you file a job discrimination complaint or lawsuit or participate in an investigation or lawsuit, you are protected against retaliation regardless of whether it is determined that discrimination existed.

Proving Discrimination

Direct evidence of discrimination, such as an employer stating that the reason for your termination is because you are near retirement and they want to have a younger perspective, can be hard to come by. Therefore, most evidence of discrimination is circumstantial and will need to be demonstrated.

One way to demonstrate discrimination is to show several of the following:

• You are a member of a protected class

• You are qualified for the job

• Your employer took an adverse action against you 

• You were replaced by a person who is not in a protected class

• You were treated differently than a similarly situated person who is not in your protected class

• Managers or supervisors regularly make rude or derogatory comments directed at your protected class 

• Your manager or supervisor  violated well-established company policy in the way they treated you

• Workplace policies are such that individuals in a protected class are not afforded the same benefits and opportunities of individuals not in a protected class

The circumstances of discrimination are unique to the individual and vary greatly by case. An experienced employment law attorney can help you to build a sustainable case and help you fight for the justice you deserve.