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Workplace Discrimination Lawyer in Dallas, TX
Fighting Violations that Affect Your Life & Career
40+ years of dedication
to workers’ rightsMillions recovered for
discriminated workersProven success against
Fortune 500 employersPay nothing if
we don’t collect
Why Workers Facing Discrimination
Choose Dan Atkerson
Decades of Reading
Between the Lines
Employers rarely admit to discrimination; they call it a layoff, a restructuring, a performance issue. After 40+ years, Dan knows how to see past the cover story and expose the bias underneath.
A Track Record
of Real Recovery
Bias costs people promotions, paychecks, and careers. Dan has recovered millions for workers pushed out or held back because of who they are, turning that loss into compensation that helps them move forward.
Big Employers
Don't Intimidate Him
A large company has an HR department and lawyers ready to defend it. Dan has spent his career on the other side of that table, winning for workers against Fortune 500 employers with every advantage.
Victories for Wronged Workers
The amounts below went directly to the client after payment of legal fees.
What to Do When You Face
Employment Discrimination
Texas state laws grant workers about six months to file a discrimination suit after an incident or series of incidents of discrimination occur.
Dan A. Atkerson Describes
Employment Discrimination
Workplace discrimination comes in many forms. When you are treated unfairly because of your race, national origin, sexual orientation, gender, age, disability, or any other protected class, your employer can face legal consequences. Working with an employment discrimination lawyer like Dan A. Atkerson gives you the greatest chances of success in cases like these.
Time Is Limited
You Have 180 Days to File a Discrimination Suit
Texas state laws grant workers about six months to file a discrimination suit after an incident or series of incidents of discrimination occur. It takes time to assemble a compelling case that can clearly substantiate wrongdoing on the part of an employer. If you believe you have been the victim of harassment or other types of discrimination in the workplace, you have everything to gain by contacting an employment discrimination lawyer now. Mr. Atkerson is a discrimination lawyer at our labor attorney office in McKinney, TX. He can protect your rights granted under legislation such as the Civil Rights Act.
What Is Employment Discrimination?
Under legislation such as the Civil Rights Act, it is illegal to make employment decisions based on a person's:
Behaviors or actions that could be considered discriminatory include:
- Sexual harassment
- Wrongful termination
- Refusal to promote or hire
- Failure to provide equal resources
- Different treatment compared to other employees
- Unequal pay
- Derogatory comments or remarks
- Workplace retaliation
When you experience workplace discrimination in Dallas, you have the right to initiate legal action against your employer. Hiring an employment discrimination lawyer like Dan A. Atkerson, who is exceedingly knowledgeable in Texas employment law, can empower you to build the strongest possible case. Through a workplace discrimination lawsuit filed with the EEOC, you can potentially receive financial compensation and bring your employer to justice.
Relevant Employment Law
Title VII
Title VII of the Civil Rights Act of 1964 is a landmark in employment law that, as amended, makes it unlawful for employers to make employment decisions based on a worker's "race, color, religion, sex, or national origin." Any person or company with fifteen or more employees is required to abide by Title VII. Title VII also created the Equal Employment Opportunity Commission (EEOC).
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) of 1978 was passed to amend Title VII of the Civil Rights Act of 1964 in order to establish pregnancy as an additional protected class. The PDA specified that making an employment decision based on a woman's pregnancy, potential pregnancy, or pregnancy-related medical conditions is considered sex discrimination.
The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) of 1990 is a federal law that broadly protects the civil rights of persons with disabilities. The portions of the act that are relevant to employment law are Titles I and V, which make it illegal for employers to make employment decisions based on a person's disability.
The Equal Pay Act
The Equal Pay Act of 1963 made it unlawful for an employer to pay men and women differently for the same work. It was one of the first federal laws to address sex discrimination in the workplace.
TCHRA
The Texas Commission on Human Rights Act (TCHRA), contained in Texas Labor Code Chapter 21, is basically a state-level version of Title VII of the Civil Rights Act of 1964. Like Title VII, the TCHRA makes it illegal for employers in Texas to discriminate based on a person's "race, color, disability, religion, sex, national origin, or age." Unlike Title VII, it covers all employers, even those with just one employee.
Meet Your Employment Discrimination Attorney
Dan A. Atkerson practices employment law in the Dallas area because he loves using his legal training to help people who have been mistreated by their employers. His clients leave him five-star reviews because of his commitment and attention to detail.
You Have a Right to Report Discrimination Without Fear of Retaliation
Just because you are not personally suffering discrimination doesn't mean you don't have a right to report discrimination suffered by a co-worker. In fact, by documenting this violation, you are ultimately doing that person and everyone you work with a tremendous service.
It is absolutely natural to hesitate to be a whistleblower due to a fear of retaliation, but it's important to understand that any such retaliation is also a form of discrimination. Federal laws such as the Whistleblower Retaliation Act provide protection to those who speak up after witnessing employment law violations.
Some of the most common forms of whistleblower retaliation include:
- Cutting hours or pay
- Transferring you to another department
- Denying requests for vacation time
- Demotion within the company
- Firing
- Poor performance reviews despite good job performance
If you have reported employment law violations in your workplace and have been fired or otherwise treated unfairly as a result, discrimination lawyer Dan Atkerson can help you achieve justice.
Retaliation Is Unlawful We'll Stand By You
Many employees in Dallas don't report instances of race discrimination, gender discrimination, or other forms of employment discrimination because they are afraid that their employer will respond by terminating their employment or creating a hostile work environment. If you "blow the whistle" on unlawful employment practices, and your employer retaliates in some way, attorney Dan A. Atkerson can protect your rights with a workplace retaliation lawsuit.
Evidence Is Crucial for a Discrimination Claim
In Texas, employers have the right to fire an employee without giving any explanation whatsoever. Termination is never good news, and at-will employees are often quick to assume that they have been wrongfully terminated. Evidence makes all the difference between a lawful termination and a discrimination claim.
For example, consider an employee who is the only woman working for a Dallas company. She has always received excellent performance reviews, but one day, she is abruptly terminated. Even though she is the only woman on staff, this doesn't necessarily mean she was the victim of gender discrimination.
Continuing the above example, if there is evidence of discrimination by her employer, the employee may have grounds for a wrongful termination case. This evidence could include:
- Fellow employees who can testify that the employer made derogatory remarks about her gender, or that they otherwise observed a hostile work environment.
- A track record of the employer firing women despite good job performance.
- Correspondence such as emails that contain degrading remarks about her gender.
In another example, say you are fired after reporting the sexual harassment of a fellow employee in your workplace. This would not be considered illegal unless you can prove you were fired because you reported the harassment.
Gathering the necessary evidence is a significant challenge in many of these cases, regardless of whether you suspect your termination was related to your protected class, your choice to exercise a right, or your decision to report unlawful activity. Consulting an employment lawyer like Dan Atkerson is the best way to determine if your rights were violated and to take the appropriate legal action.
Reasons to Take Action
Even if you believe you have a case with evidence to support a discrimination claim, you may hesitate to get in touch with a discrimination attorney due to concerns over the time and financial expense it might involve. However, there are four important reasons why anyone with grounds for a lawsuit should consider taking action:
- You can afford representation by discrimination attorney Dan Atkerson. That's because he works on contingency. You don't pay anything unless and until he collects a settlement or jury award.
- The case may not take long to resolve. Discrimination suits can bring an employer a lot of unwanted attention, harm company morale, and make it difficult to attract great employees. If you have grounds for legal action, it is probably in the employer's best interest to settle the case as quickly as possible.
- You don't deserve these losses. The lack of income and the stress of being wrongfully terminated are hardships that result from someone else's unlawful actions. If you are the victim of workplace discrimination, you deserve restitution.
- You can make a difference. If you have suffered discrimination or witnessed the discrimination of a co-worker, it won't likely be the last time these things happen at your workplace. By taking legal action, you can prevent others in Greater Dallas from suffering similar losses.
Potential Damages in a Workplace Discrimination Case
Employees who suffer discrimination in Dallas can potentially receive financial compensation for their mistreatment. Calculating damages in employment law cases can be complicated, which is why we recommend working with an employment discrimination lawyer like Dan A. Atkerson. Depending on the details of your case, you could stand to receive multiple forms of compensation, including:
Financial Losses
If you are the victim of discrimination, there's a good chance that the discriminatory behavior prevented you from earning the income you truly deserve based on your position, skills, and experience. This sort of unfair treatment can be particularly egregious when some employees are paid more or less than other employees in the same role. Through a workplace discrimination lawsuit, you can potentially receive the money you should have been paid all along.
Intangible Damages
Employment discrimination doesn't only affect your wallet; discriminatory behavior can lead to intense and lasting emotional distress and mental anguish. While these damages can be hard to quantify, it is possible for an employment discrimination lawyer like Dan A. Atkerson to build a persuasive case that compels your employer to compensate you for your hardship.
Punitive Damages
In rare cases of particularly flagrant discrimination, a court can require an employer to pay punitive damages to the wronged employee. Punitive damages are meant only to punish the employer. Usually, if a discrimination case potentially exposes an organization to punitive damages, the employer will attempt to settle the case before it reaches a trial. Discrimination lawyer Dan Atkerson can help you design a legal strategy and recommend whether a pre-trial settlement represents your best possible outcome.
Frequently Asked Questions for Our Workplace Discrimination Lawyer in Dallas, TX
If you are a Dallas worker who was fired and believe discrimination was the real reason, we encourage you to book a consultation with Dan Atkerson as soon as possible. Until then, we've answered some of the questions we hear most often from people in your situation:
How long do I have to file a lawsuit?
In Texas, you generally have 180 days from the date of your termination to file a discrimination charge with the Texas Workforce Commission, and up to 300 days to file with the federal Equal Employment Opportunity Commission (EEOC). If you let the deadline pass, you can lose the right to pursue your claim entirely, no matter how strong it is. The sooner you speak with a discrimination attorney, the more options you'll have.
My employer only has a handful of employees. Was my company too small for me to be protected?
Not necessarily. The size of your employer is rarely the end of the story. Most discriminatory termination claims under Texas and federal law apply to employers with 15 or more employees. There are important exceptions, though. If you were fired because of your race or ethnicity, a separate federal law lets you bring a claim regardless of your employer's size, and other protections carry their own thresholds. Because these rules are more nuanced than a simple headcount, it's worth having an attorney look at your specific circumstances before you assume you have no case.
I was fired, but my employer claims it was for a different reason. Can I still bring a claim?
Yes. Employers almost never admit that discrimination drove a firing. They typically point to performance, "restructuring," budget, or attitude. You don't need a confession. Discriminatory intent is often proven through circumstantial evidence: suspicious timing, shifting or inconsistent explanations, a strong record that suddenly turned negative, discriminatory remarks by decision-makers, or being treated worse than comparable coworkers outside your protected group. In the meantime, preserve everything you can, including your personnel file, performance reviews, emails, text messages, and the names of anyone who witnessed how you were treated. An attorney can help you turn those pieces into a case.
I wasn't openly fired. I was pushed out or punished for speaking up. Does that count?
It can. If your employer made your working conditions so intolerable that you had no reasonable choice but to resign, the law may treat that as a “constructive discharge.” In other words, a firing. And if you were let go shortly after you reported discrimination, requested a disability or religious accommodation, took protected leave, or took part in an investigation, that may be unlawful retaliation, which is illegal in its own right. These situations turn on the details and the timeline, so it's a good idea to have an attorney review exactly what happened.
