Discrimination can occur in many areas of the workplace, including job advertisements, assignments, the hiring process, the disciplinary process, promotions, terminations, compensation, and more. Under federal and state law, it is illegal for employers to discriminate against employees and job applicants—including firing, refusing to hire, and other discriminatory acts—based on protected characteristics.
WHAT IS ILLEGAL EMPLOYMENT DISCRIMINATION AND RETALIATION?
Before we answer what illegal employment discrimination is, first, we need to define “discrimination.”
Generally speaking, “discrimination” is recognizing or acting on a real or perceived difference between things or people. With that in mind, not all discrimination is illegal in the workplace. Discrimination becomes illegal when it is based on a characteristic of an employee that is protected under law.
WHAT CHARACTERISTICS ARE PROTECTED UNDER THE LAW?
Under texas, New mexico, and FederAL LAW
- Disability
- Sexual Harassment and Sex Discrimination
- Pregnancy and related conditions
- Age (40 years or older)
- Retaliation
- Filing of a worker’s compensation claim
- National Origin
- Race
- Skin Color
- Religion
- Genetic Information (Including Family Medical History)
- National Origin
- Race
- Skin color
- Religion
- Genetic information (including family medical history)
Under Federal and New Mexico Law
- Gender identity
- Sexual orientation
COMMON EMPLOYMENT DISCRIMINATION VIOLATIONS
Employment discrimination has many forms, some obvious and some subtle. For example, discrimination may take the form of being treated unfairly or differently from your co-workers, like being denied a promotion because of your age or termination because of your disability.
It might look like refusals to make reasonable accommodations for disabilities or religious beliefs. Additionally, discrimination may look like harassment by supervisors or co-workers due to other protected characteristics, like age or sex. Discrimination has no business in the workplace. In fact, it is illegal under federal and state law.
Familiarizing yourself with some of the common characteristics of discrimination can stop unfair treatment while holding employers accountable for unacceptable behavior.
WHAT IF MY EMPLOYER FIRES ME?
Legally, a “wrongful termination” claim means something very specific. Federal and state law make it illegal for an employer to fire an employee for discriminatory reasons, which may include discrimination relating to race, color, religion, pregnancy, disability, national origin, advanced age, sexual orientation or gender identity..
DO YOU HAVE A CLAIM FOR EMPLOYMENT DISCRIMINATION?
The law seeks to correct discrimination by putting you in the position you’d be in had you never been discriminated against. Because of this, your available remedies may differ depending on your situation and the kind of discrimination you faced.
Depending on your case, you may be eligible to receive:
- Lost benefits (including health, sick leave, pension, and vacation)
- Back pay
- Future lost wages
- Compensatory damages such as mental anguish in the past and future
- Liquidated damages
- Punitive damages
- Reinstatement or promotion
- Reasonable accommodations
- Lost benefits (including health, sick leave, pension, and vacation)
- Back pay
- Future lost wages
- Compensatory damages such as mental anguish in the past and future
- Liquidated damages
- Punitive damages
- Reinstatement or promotion
- Reasonable accommodations
Prior to filing a lawsuit, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and/or Texas Workforce Commission (TWC). These agencies enforce the laws protecting employees from age discrimination in the workplace. There are strict time limits to file and start a claim, so you should seek legal advice as soon as you realize there is an issue.
WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU?
CALL BAEZA LAW FIRM TO PROTECT YOUR RIGHTS
Holding your employer accountable for illegal discrimination or harassment protects not only you, but also other employees. Unfortunately, the laws are complicated with procedural traps for employees, and employers almost always have sophisticated legal counsel ready to defend them.
But this doesn’t mean you have to stand up to your employer alone. Nor should you. An aggressive, experienced employment lawyer can help you. If you have further questions or believe you have been discriminated against by your employer or harassed for any of the characteristics mentioned, call the Baeza Law Firm for a free phone consultation 915-200-HELP.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide information to the public and to raise awareness of Texas, New Mexico, and Federal employment laws for employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legar advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas, New Mexico, and Federal employees, as employment laws differ greatly from state to state.