Understanding Retaliation
Employers that unlawfully retaliate against any employee who reports or assists in reporting workplace discrimination can have an employee retaliation lawsuit filed against them. For example, if an employee with a disability reports disability discrimination to the EEOC and receives a wrongful termination due to employer retaliation, that employee may have an employer retaliation claim for discrimination.
What Qualifies as Retaliation?
A few actions that should lead you to contact a Dallas discrimination attorney include, but are not limited to, the following:
- Termination (retaliatory discharge)
- Isolation or intimidation in the workplace
- Negative changes to terms of employment, such as insurance benefits
- Negative reassignment, reclassification or transfer
- Retaliation against a coworker testifying in support of a claimant or cooperating in a discrimination investigation
- Undeserved poor performance review or negative employment references
- Unreasonable increase or decrease in job duties
- Unwarranted disciplinary action
Proving Your Claim
An employer retaliation claim has separate elements of proof from a discrimination claim. Depending on the circumstances and facts for the case, some may prove retaliation claims without necessarily having to prove the elements of the underlying gender or racial discrimination claim. An employment retaliation attorney near you can assist in defining for a jury exactly the discriminatory actions and subsequently workplace retaliation you are facing.
Dan A. Atkerson has been representing victims of gender discrimination, racial discrimination and workplace retaliation for more than three decades.
Filing Your Complaint
An employee may file a complaint with the U.S. Equal Employment Opportunity Commission or a written complaint with the Texas Workforce Commission, Civil Rights Division for:
- Gender discrimination
- Racial discrimination
- Disability discrimination
- Religious discrimination
- Another type of employment discrimination claim
The worker must file a charge of discrimination within 300 days of notice of the adverse employment action with the EEOC under federal law or within 180 days of the adverse employment action with the Texas Workforce Commission, Civil Rights Division under Texas employment law. The agency, after completing any discrimination investigation, has to issue a notice before a worker can file a civil lawsuit. For a claim of racial discrimination under Section 1981 of the Civil Rights Act, workers do not have to file charges of discrimination with the EEOC before filing race discrimination lawsuits.
Special Circumstances to Consider
Important information for workers in certain situations:
- Health Care Employees: Hospital workers, nurses and nursing home staff may be entitled to recover actual damages under Tex. Health & Safety Code § 161.134, § 242.133 and § 252.132. Certain time limits apply to provide the Texas Workforce Commission notice.
- Workers’ Compensation: An employee may recover reasonable damages and may be entitled to reinstatement if he or she is subject to employer retaliation for filing Texas workers’ comp for an injury on the job.
- Texas Public Policy Exception: An employee may file suit if he or she received a wrongful discharge for the sole reason of refusing to perform an illegal act. You must file a whistleblower lawsuit within two years.
