Employment and Discrimination
There are many forms of employment discrimination practices, and a variety of different state and federal laws which can come into play when prosecuting such cases. In some instances, especially where a written employment agreement has been signed, certain breach of contract causes of action might also exist.
In general, an employer may not make significant employment decisions, hiring, firing, promoting or demoting based upon discriminatory factors such as race, gender, religious preference, or national origin, in addition, employers may not discriminate by paying men and women a substantially different salary for performing substantially equal work, nor can an employer discriminate against individuals who are older than 40 years of age, and individuals with disabilities are also provided protection from discrimination by federal law.
In addition, employers can be held responsible for damages if they retaliate against an employee who has raised a charge of discrimination, or under Texas state law, an employer is not allowed to retaliate against a worker who files a workers compensation claim, as well as certain acts classified as “whistle blowing”.
Employers may also be responsible for sexual harassment, hostile work environments, and the physical safety of their employees, and permitting such conduct in the work place can also result in civil damages for the victims of the harassment.