If you have faced workplace discrimination because of your race, sex, or a disability, you may have a legal claim against your employer. Dan Atkerson is an employment discrimination attorney in Allen, TX, who can assist you in bringing any valid discrimination claims against your employer. We recommend saving any and all documentation, records, and potential evidence that can be used to bolster your case. To ensure you receive the best advice possible regarding your employment law situation, contact Atkerson Law today and schedule your consultation.
Employee Rights Under Title VII Of The Civil Rights Act
For more than 32 years, employment discrimination attorney Dan A. Atkerson has fought for workers who have been a victim of:
- Age discrimination
- Disability discrimination
- Faith-based discrimination
- Gender or sex discrimination
- Gender identity discrimination
- LGBT discrimination
- National origin discrimination
- Pregnancy discrimination
- Race discrimination
During your personal consultation, we can review the circumstances surrounding your case to determine the best course of action.
Which Texas Employment Laws Prohibit Discrimination in the Workplace?
Title VII of the Civil Rights Act of 1964 is the primary federal law that protects employees from sex discrimination and racial discrimination in the workplace. Title VII outlaws any sort of discrimination by employers based on an employee’s race or sex. Other federal, state and local laws prohibit these types of employment discrimination as well. This includes the Pregnancy Discrimination Act, the Americans with Disabilities Act and the Equal Pay Act of 1963.
Title VII and Race Discrimination
Title VII precludes employers from discriminating against employees or prospective employees based on their race or national origin. Unlawful racial discrimination can take on many forms. It can be an overt action or more subtle in nature. For instance, an employer cannot use race as a basis for hiring, promoting, or terminating an employee. Likewise, race cannot be a factor in an employer’s decision to not hire or promote an employee. Thus, an employer who has promoted a less-qualified employee over a better-qualified employee may have committed unlawful racial discrimination. Prohibited racial discrimination also may include paying employees of different races different wages, or offering different benefits.
In addition to Title VII, many states have laws that outlaw racial discrimination as well. As a result, an employer could be liable for racially discriminatory acts under both state and federal law. This could then make the employer responsible for paying damages to affected employees and substantial fines.
The Pregnancy Discrimination Act and Sex Discrimination
Like racial discrimination, discrimination based upon sex can take many forms. Sex discrimination occurs whenever an employer treats two similarly qualified employees differently based on their sexes, in terms of the hiring process, discipline, or termination.
Title VII of the Civil Rights Act of 1964 is the primary federal law that protects employees from sex discrimination and racial discrimination in the workplace. Title VII outlaws any sort of discrimination by employers based on an employee’s race or sex.
Sexual Discrimination and Harassment
Another type of sex discrimination takes the form of sexual harassment. This can be direct sexual overtures or actions between a supervisor and subordinate, or between two co-workers. Sexual harassment also can occur in the context of a hostile work environment, in that other employees create a sexually inappropriate workplace atmosphere that offends one or more employees. Sex discrimination protections also extend to gender identity, according to a recent ruling. Title VII governs all of these sex discrimination situations. Therefore, an employer can be liable under Title VII for damages suffered by an employee who has suffered sex discrimination.
As only women can get pregnant and bear children, pregnancy discrimination falls within the purview of sex discrimination, as well. Not only does Title VII prohibit discrimination on the basis of pregnancy as a type of sex discrimination, but the Pregnancy Discrimination Act outlaws any discrimination on the basis of an employee’s pregnancy, childbirth, or maternity leave as well. The Pregnancy Discrimination Act provides recourse for employees who have experienced discrimination in this manner, along with Title VII.
The Americans with Disabilities Act and Disability Discrimination
The Americans with Disabilities Act (ADA) is a federal law that bars employers from discriminating against employees or prospective employees on the basis of disability, or any physical or mental impairment that substantially limits one or more of an employee’s major life activities, such as walking, talking, seeing, and hearing.
The ADA also requires employers to provide reasonable accommodations to employees with disabilities, in order to allow those employees to complete their job duties. The application process, the hiring process, employee discipline and termination are all subject to the requirements of the ADA.
As is the case with Title VII and similar anti-discrimination laws, the ADA sets forth penalties for employers who violate its terms. Any employee who has been the victim of disability discrimination may be entitled to damages from the employer who has violated the ADA.
Schedule a Free Consultation with Dan Atkerson
If you feel you have been discriminated against by your employer, the Law Firm of Dan Atkerson can assist you and help you defend your legal rights. To set up a consultation him, please send us a message directly or call us at (214) 383-3606.