El Paso Discrimination Lawyer

Everyone deserves fair treatment in the workplace. If you’re enduring discrimination of any kind at your job, it’s time to reach out for help. If you’re reading this, you may have encountered discrimination at work. You may be receiving pay that is lower than that of your colleagues, though you’re performing the same tasks and have the same responsibilities. You’re probably afraid to speak up for fear of being fired. You’re probably looking for someone you can trust to help with a discrimination claim. We are here to help. Our firm offers free legal consultations. Call our El Paso discrimination lawyer today to schedule your free legal consultation. The information on this page is intended to help you understand your discrimination claim. First, we’ll share common mistakes people make that damage the value of their discrimination claims. Next, we’ll tell a client story to provide an overview of what to expect in a discrimination claim. Please read to the end to learn as much as you can.

Common Discrimination Claim Mistakes

There are a number of ways you can unintentionally damage the value of your discrimination claim. Please review the mistakes listed here to prevent you from making the same costly errors.

Not Documenting the Discrimination

It’s a mistake to endure abusive treatment in your place of work without making a careful record of what’s happening, who is involved, and when the events occur. Write down or voice-record a memo to yourself each time you are treated with disrespect or discrimination. For example, If your coworker embarrasses you in front of customers by putting you down or bullying you, make note of who is involved, what happened, and when. It’s important to keep a record of each incident as it happens. No matter how sure you are that you’ll recall the date and time later, such details can be easily forgotten. Each record you make of verbal abuse or intimidation, physical abuse, or unwanted sexual advances will help support a discrimination claim. And the more detailed your records are, the stronger that claim will be.

What Does “At-Will” Employment Mean in Texas?

In simple terms, being an at-will employment state means that employers have the right to terminate employees for any reason — whether good, bad, or even no reason at all — without incurring legal repercussions. Likewise, employees retain the freedom to leave their jobs at any time without providing a specific reason. However, this doesn’t mean that employers have absolute power to terminate employees arbitrarily. There are legal limitations in place to prevent terminations based on discriminatory or retaliatory motives.

Legal Protections Against Discrimination and Retaliation

While at-will employment grants broad flexibility to employers, it’s essential to recognize that certain actions are prohibited under both federal and state laws. Discrimination based on protected characteristics such as race, color, disability, religion, sex, national origin, or age is strictly prohibited under the Texas Commission on Human Rights Act (TCHRA). Similarly, federal legislation such as Title VII of the Civil Rights Act of 1964 extends protections against discrimination and retaliation.

The Foundation of At-Will Employment

Texas adheres to the principle of at-will employment, which means employers can terminate employees at any time and for any reason, or for no reason at all, without facing legal repercussions. Conversely, employees also have the right to leave their job at any time without reason. While this arrangement provides flexibility for both parties, it also opens the door to potential abuses, leading to wrongful termination claims. However, even in an at-will state like Texas, several exceptions exist that protect employees from unjust dismissal.

Statutory Protections Against Wrongful Termination

Federal and state laws provide critical protections against wrongful termination. One significant safeguard is against discrimination. Under laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), employers are prohibited from firing employees based on race, color, religion, sex, national origin, disability, or age. In Texas, the Texas Labor Code also reinforces these protections, making it illegal for employers to terminate employees on these discriminatory grounds. Another vital protection is against retaliation. Federal and state laws ensure that employees cannot be legally terminated for engaging in certain protected activities. For instance, employees who file complaints about workplace safety violations under the Occupational Safety and Health Act (OSHA), or those who report discriminatory practices, cannot be fired in retaliation for their actions. This protection extends to whistleblowers who expose illegal activities within their organization, safeguarding them from losing their jobs as a result of their courage to speak out.

Contractual and Implied Protections

While at-will employment is the default rule in Texas, there are scenarios where written contracts or implied agreements can alter this dynamic. Employment contracts that specify the conditions under which an employee can be terminated can offer additional protection. If an employer dismisses an employee in violation of the terms outlined in the contract, the employee may have grounds for a wrongful termination claim. Even in the absence of a formal written contract, implied agreements can sometimes provide protection. These may arise from statements made during job interviews, employee handbooks, or company policies that suggest a level of job security. If an employer has made promises of continued employment, whether verbally or in writing, and then terminates the employee without just cause, this could be considered a breach of an implied contract.

Federal Laws Safeguarding Employee Rights

Understanding federal laws that safeguard employee rights is crucial. For instance, the Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and over from age-based discrimination. Similarly, the Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities and mandates reasonable accommodations in the workplace. Additionally, the Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for specific medical and family-related reasons.

Uncovering Additional Legal Safeguards

Beyond the prominent federal laws, several other statutes offer protections to employees. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits the use of genetic information in employment decisions. The Workers Adjustment and Retraining Notification Act (WARN) requires employers to provide advance notice of plant closings or mass layoffs. Furthermore, the Uniformed Services Employment and Reemployment Rights Act (USERRA) ensures that employees are entitled to time off for military service without adverse consequences.

Exceptions and Limitations to At-Will Employment

While at-will employment is the default in Texas, certain exceptions exist. These exceptions include statutory provisions addressing worker’s compensation retaliation, jury service, child support withholding orders, voting rights, safety reports, and whistleblower protections.

The At-Will Employment Doctrine Explained

At-will employment refers to a working arrangement where either the employer or the employee can terminate the employment relationship at any time, for any reason (except unlawful ones), or no reason at all, without incurring legal liability. This doctrine assumes that the employment relationship is of indefinite duration and can be severed without the need for advanced notice or a specific cause. In Texas, the at-will employment doctrine is deeply entrenched, as it aligns with the state’s pro-business stance. This means that, by default, most employment relationships in Texas are presumed to be at-will, unless explicitly stated otherwise in a contract or employment agreement.

Implications for Employers

Flexibility and Efficiency: At-will employment offers employers the flexibility to adjust their workforce as business needs evolve. This efficiency allows for swift changes in staffing levels, which is particularly crucial in industries characterized by rapid fluctuations. Termination Decisions: Texas employers generally have the authority to terminate employees without providing a reason for the dismissal. This can be advantageous, especially when dealing with underperforming employees or those whose roles have become redundant. Risk of Litigation: While the at-will doctrine grants employers significant discretion in termination decisions, it’s not a blanket protection against lawsuits. Employees still retain certain legal rights, such as protection against discrimination, retaliation, and wrongful termination based on public policy exceptions.

Seeking Legal Guidance

Understanding your rights as an employee is crucial in navigating the complexities of employment law. If you believe you’ve been wrongfully terminated or subjected to unlawful treatment in the workplace, seeking legal guidance is paramount. Chavez Law Firm is dedicated to assisting individuals facing employment-related disputes. Our experienced employment lawyers can provide comprehensive legal counsel and representation tailored to your specific circumstances.

Enrique Chavez

Texas Trial Attorney

Protecting Your Rights

Enrique fights against those who break our nation’s laws and violate community safety rules. He believes that our community is made safer by holding accountable those corporations and individuals who break the law and the community safety rules which protect us all.

The Legal Framework for Diversity and Inclusion

At the heart of promoting diversity and inclusion in the Texas workplace is the legal framework that governs employment practices. Employers must adhere to federal laws such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) further extend protections to individuals with disabilities and older workers. These federal laws set the minimum standards for workplace equality and provide a foundation for employers to build upon. In addition to federal laws, Texas employers must also consider state-specific legislation. The Texas Labor Code contains provisions that mirror federal anti-discrimination laws, ensuring that employees are protected from unfair treatment. It is crucial for employers to understand the interplay between federal and state laws and to implement policies that comply with both. By doing so, companies can create a culture of inclusion that respects the rights of all employees and fosters a sense of belonging.

The Business Case for Diversity and Inclusion

Promoting diversity and inclusion is not only a legal obligation but also a strategic business imperative. Research consistently shows that diverse teams outperform homogeneous ones in terms of creativity, innovation, and problem-solving. By bringing together individuals with different perspectives, backgrounds, and experiences, companies can tap into a wealth of ideas and insights that drive business success. Moreover, a diverse workforce is better equipped to understand and meet the needs of a diverse customer base, enhancing customer satisfaction and loyalty. In addition to the business benefits, promoting diversity and inclusion can also enhance a company’s reputation and brand image. Consumers today are increasingly conscious of a company’s values and are more likely to support businesses that prioritize diversity and inclusion. By demonstrating a commitment to equality and fairness, companies can attract top talent, retain employees, and build a positive corporate culture that resonates with employees, customers, and stakeholders alike.

Creating a Diverse and Inclusive Workplace Culture

Building a diverse and inclusive workplace requires more than just policies and procedures. It necessitates a cultural shift that embraces diversity as a core value and promotes inclusivity at all levels of the organization. Employers must foster an environment where all employees feel welcome, respected, and empowered to contribute their unique perspectives and talents. One effective way to promote diversity and inclusion is through employee resource groups (ERGs). ERGs are voluntary, employee-led groups that provide a platform for individuals with shared identities or experiences to connect, support one another, and advocate for change. These groups can play a vital role in fostering a sense of belonging and providing a voice for underrepresented employees. By supporting and empowering ERGs, employers can demonstrate their commitment to diversity and inclusion and create a more inclusive workplace culture. Leadership commitment is another critical factor in driving diversity and inclusion initiatives. Leaders set the tone for the organization and play a pivotal role in shaping its culture. By actively championing diversity and inclusion, leaders can inspire employees and create a culture of accountability and transparency. This includes setting diversity goals, measuring progress, and holding leaders and managers accountable for creating an inclusive work environment. By prioritizing diversity and inclusion at the leadership level, companies can create a ripple effect that permeates throughout the organization.

Addressing Implicit Bias and Stereotypes

Implicit bias and stereotypes are unconscious attitudes and beliefs that can influence decision-making and perpetuate inequality in the workplace. These biases can manifest in various ways, such as favoring candidates who share similar backgrounds or making assumptions about an individual’s abilities based on their gender or race. Recognizing and addressing implicit bias is crucial for promoting diversity and inclusion and ensuring fair and equitable treatment for all employees. Employers can take several steps to mitigate implicit bias and create a more inclusive workplace. One approach is to implement blind recruitment practices, where identifying information such as names and photos are removed from resumes and applications. This helps to eliminate unconscious biases and ensures that candidates are evaluated solely based on their qualifications and skills. Additionally, providing training on unconscious bias can raise awareness and help employees recognize and challenge their biases. By fostering a culture of self-awareness and inclusivity, companies can create a level playing field where all employees have an equal opportunity to succeed.

The Role of Diversity and Inclusion Training

Diversity and inclusion training is a critical component of any comprehensive diversity strategy. This training equips employees with the knowledge and skills to navigate diverse work environments and interact respectfully and inclusively with colleagues and customers. By providing training on topics such as cultural competence, unconscious bias, and inclusive leadership, companies can foster a more inclusive workplace culture and empower employees to be champions of diversity and inclusion. Effective diversity and inclusion training should go beyond one-time sessions and be an ongoing process that is integrated into the organization’s culture. This can include workshops, seminars, and e-learning modules that are tailored to the specific needs of the organization and its employees. Training should also be interactive and engaging, encouraging participants to reflect on their own biases and behaviors and to develop strategies for creating a more inclusive workplace. By investing in diversity and inclusion training, companies can equip their employees with the tools they need to thrive in a diverse and inclusive environment.

Legal Compliance and Risk Management

While promoting diversity and inclusion is a moral and business imperative, it is also essential for legal compliance and risk management. Employers must ensure that their diversity and inclusion initiatives comply with federal and state laws and do not inadvertently create new legal risks. This includes avoiding practices that could be perceived as reverse discrimination or quota-based hiring, as these could expose companies to legal challenges. To mitigate legal risks, employers should conduct regular audits of their diversity and inclusion programs and policies to ensure compliance with legal requirements. This includes reviewing recruitment and hiring practices, promotional opportunities, and compensation structures to identify and address any potential disparities. Employers should also establish clear grievance procedures and mechanisms for employees to report discrimination or harassment and ensure that complaints are promptly and thoroughly investigated. By taking these proactive measures, companies can minimize legal risks and create a workplace that is truly inclusive and equitable. Promoting diversity and inclusion in the Texas workplace is not only a legal obligation but also a strategic imperative for businesses to thrive in today’s competitive market. By creating a culture of inclusivity and respect, companies can harness the full potential of their workforce, drive innovation, and enhance their reputation. However, navigating the legal implications of diversity and inclusion requires a nuanced understanding of federal and state laws and a commitment to ongoing improvement.

Overview of the Texas Labor Code

The Texas Labor Code serves as the foundation for labor regulations within the state. Encompassing diverse topics ranging from wages and hours to workplace safety, the code outlines rights and responsibilities for both employers and employees. Understanding the scope and implications of the Texas Labor Code is crucial for ensuring compliance and safeguarding workers’ rights.

Wage and Hour Laws

Under the Texas Labor Code, provisions regarding minimum wage, overtime pay, and hours of work are outlined to protect employees from exploitation and ensure fair compensation for their labor. Our team at Chavez Law Firm assists clients in navigating wage and hour disputes, advocating for fair treatment and adherence to legal standards.

Workplace Discrimination and Harassment

Workers in Texas are entitled to a workplace free from discrimination and harassment based on protected characteristics such as race, gender, age, and disability. The Texas Labor Code prohibits discriminatory practices and provides avenues for recourse for victims of workplace discrimination. Chavez Law Firm is dedicated to advocating for equality and justice in the workplace, offering legal support to individuals facing discrimination or harassment.

Health and Safety Regulations

Ensuring a safe and healthy work environment is paramount under the Texas Labor Code. Employers are required to adhere to safety standards and provide adequate training and protective equipment to mitigate workplace hazards. At Chavez Law Firm, we stand ready to assist workers who have suffered injuries or illnesses due to workplace negligence, holding employers accountable for their duty to maintain safe working conditions.

Enforcement and Remedies

In cases of labor law violations, employees have the right to seek remedies through various avenues, including filing complaints with the Texas Workforce Commission or pursuing civil litigation. Chavez Law Firm advocates for our clients’ rights, leveraging our experience in labor law to pursue favorable outcomes and ensure accountability for unlawful practices. At Chavez Law Firm, we recognize the importance of empowering workers with knowledge about their rights under the Texas Labor Code. Our dedicated team of legal professionals is committed to advocating for fairness, equality, and justice in the workplace. Whether you are facing wage disputes, discrimination, or workplace injuries, we are here to provide experienced guidance and representation. By understanding and asserting your rights under the Texas Labor Code, you can safeguard your well-being and ensure that your contributions are valued and respected in the workplace. Contact Chavez Law Firm today to learn more about how we can assist you in navigating the complexities of Texas labor laws and protecting your rights as a worker. With our extensive knowledge of the Texas Labor Code and our commitment to upholding the rights of workers, Chavez Law Firm stands as a trusted ally for individuals seeking legal guidance and representation. We believe that every worker deserves to be treated with dignity and fairness, and we are dedicated to fighting for justice on behalf of our clients. If you are facing challenges in the workplace or have questions about your rights under the Texas Labor Code, do not hesitate to reach out to our experienced team. Together, we can navigate the complexities of labor law and work towards achieving a just and equitable resolution. Your rights matter, and at Chavez Law Firm, we are here to protect them.

Implications for Employees

Job Security: While at-will employment provides employers with flexibility, it can leave employees feeling vulnerable due to the potential for sudden termination. However, certain industries and roles are more insulated from this vulnerability, particularly those with high demand for specialized skills. Discrimination and Retaliation Protections: Despite the at-will doctrine, Texas employees are shielded from discriminatory practices based on protected characteristics like race, gender, religion, and more. Moreover, employees cannot be terminated in retaliation for whistleblowing or asserting their rights. Bargaining Power: Understanding the implications of at-will employment can empower employees to negotiate stronger employment contracts, severance packages, or terms that provide more job security.

The Role of Employment Contracts

While the at-will doctrine is the default employment relationship in Texas, it’s possible for employers and employees to modify this arrangement through contractual agreements. Employment contracts can specify the duration of employment, grounds for termination, notice periods, and other terms that deviate from the standard at-will arrangement. It’s essential for both parties to carefully review and negotiate these contracts to ensure they align with their expectations and needs. Navigating the landscape of at-will employment in Texas requires a nuanced understanding of its implications for both employers and employees. The doctrine’s flexibility can be a double-edged sword, providing opportunities for efficient workforce management but also raising concerns about job security. As Texas continues to foster a business-friendly environment, it’s crucial for individuals on both sides of the employment relationship to be well-informed about their rights, responsibilities, and options within the realm of at-will employment.

Understand what constitutes workplace retaliation

Workplace retaliation can take many forms, including but not limited to termination, demotion, pay reduction, denial of promotion, negative performance evaluations, reassignment to a less desirable position or shift, and increased scrutiny or monitoring. Any adverse action taken against an employee because of their protected activity can be considered retaliation.

Keep a record of the retaliation

If you believe you are experiencing workplace retaliation, it is important to keep a record of the incidents. This includes documenting the date, time, location, and details of each incident, as well as the names of any witnesses. This information will be valuable if you decide to file a complaint or take legal action.

File a complaint with your employer

Before taking legal action, you should first file a complaint with your employer’s human resources department or other appropriate supervisor. Be sure to provide specific details about the retaliation and any supporting evidence you have gathered. Your employer should investigate the complaint and take appropriate action to address the retaliation.

File a complaint with a government agency

If your employer does not adequately address your complaint, or if you are still experiencing retaliation, you may file a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission. These agencies investigate claims of workplace retaliation and may take legal action against your employer.

Consult with an employment attorney

If you have experienced workplace retaliation and are considering legal action, it is important to consult with an experienced employment attorney. They can provide you with legal advice, help you navigate the legal process, and represent you in court if necessary.

Protect yourself from further retaliation

If you have filed a complaint or taken legal action against your employer for workplace retaliation, it is important to protect yourself from further retaliation. This can include documenting any additional incidents of retaliation and reporting them to your employer or government agency. You may also want to consider seeking a protective order or temporary restraining order if you feel that your safety is at risk.

Seek support from your colleagues and community

Dealing with workplace retaliation can be a stressful and isolating experience. It is important to seek support from your colleagues, friends, and family during this difficult time. You may also want to consider reaching out to community organizations or advocacy groups that can provide you with additional support and resources.

Know your legal rights

As an employee in Texas, you have legal rights that protect you from workplace retaliation. These rights include protection under federal and state laws such as the Civil Rights Act, the Americans with Disabilities Act, and the Texas Labor Code. It is important to familiarize yourself with these laws and seek legal advice if you believe your rights have been violated.

Take steps to prevent future retaliation

If you have experienced workplace retaliation, it is important to take steps to prevent it from happening again. This can include speaking up about workplace issues and advocating for changes in company policies and procedures. You may also want to consider participating in employee training or education programs that focus on preventing workplace retaliation.

Understanding the Texas Equal Pay Act

The Texas Equal Pay Act was enacted with the specific purpose of prohibiting wage discrimination on the basis of sex. It mandates that employers provide equal pay to employees who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed under similar working conditions. The Act applies to all employers in Texas, regardless of the size of their business, and it covers all employees within the state. The law reflects a broader commitment to gender equality in the workplace, aligning with the principles of the federal Equal Pay Act of 1963. However, the Texas Equal Pay Act is particularly significant as it allows individuals to bring a lawsuit in state court, offering an additional avenue for redress beyond federal protections. One of the critical components of the Texas Equal Pay Act is the definition of “substantially equal work.” This term is pivotal in understanding the scope of the law. The Act does not require that jobs be identical but rather that they are substantially equal in terms of skill, effort, responsibility, and working conditions. This definition is broad enough to encompass a wide range of occupations and job roles, making the Act applicable to many different employment situations. Employers must carefully evaluate their pay practices to ensure compliance, as any discrepancy in pay between male and female employees performing substantially equal work could potentially be a violation of the law. The Texas Equal Pay Act also places the burden on employers to justify any pay differences between male and female employees. If a disparity exists, the employer must demonstrate that the difference is based on a factor other than sex, such as seniority, merit, or a system that measures earnings by quantity or quality of production. These defenses are intended to protect employers who have legitimate reasons for pay disparities, but they must be well-documented and consistently applied. Failure to do so can result in legal challenges and significant financial penalties.

The Challenges of Ensuring Pay Equity

Despite the clear legal framework provided by the Texas Equal Pay Act, achieving pay equity in the workplace remains a complex and challenging goal. One of the primary obstacles is the persistence of unconscious biases and stereotypes that continue to influence compensation decisions. These biases can lead to gender-based assumptions about the value of certain types of work or the capabilities of female employees, resulting in pay disparities that are difficult to justify or rectify. Additionally, the historical undervaluation of work traditionally performed by women, such as caregiving or administrative roles, continues to affect wage levels in these occupations. Another significant challenge is the lack of transparency in pay practices. Many employees are unaware of what their colleagues earn, which can make it difficult to identify or challenge pay disparities. While some companies have adopted pay transparency policies, this practice is not yet widespread, and many employees fear retaliation if they discuss their wages. The Texas Equal Pay Act does not specifically mandate pay transparency, but it does provide protections for employees who seek information about wages or who file complaints about pay discrimination. Employers, therefore, must be cautious in how they handle wage inquiries and ensure that their pay practices are fair and equitable.

Mr. Chavez and all of his staff are 100% professional and dedicated to resolving a problem you may have. I highly recommend them if you have been put in a bad situation. Mr. Chavez takes a personal interest directly in your case and always remains in contact. I have a deep respect for this firm!

– Steve Hendrix

My experience with Mr. Chavez was nothing but great! Him and his staff are very helpful and were always ready to answer any questions I had. The whole process was smooth and he fought real hard to get me a good settlement. I highly recommend the Chavez Law Firm. You will not be disappointed  

– Adriana Solis

Attorney Chavez has excellent character and is truly honest and caring. The empathy his staff has shown me during my devastating time has made me feel like I am a member of their own family. I wish this law firm nothing but the best for showing such integrity.

– Luis Amador

Mr. Chávez is an excellent attorney and very professional. He solved my case and exceeded my expectations! If you need legal help regarding a wrongful termination, he is the best attorney for that!

– Maria Terrazas

Mr. Chavez and all of his staff are 100% professional and dedicated to resolving a problem you may have. I highly recommend them if you have been put in a bad situation. Mr. Chavez takes a personal interest directly in your case and always remains in contact. I have a deep respect for this firm!

– Steve Hendrix

My experience with Mr. Chavez was nothing but great! Him and his staff are very helpful and were always ready to answer any questions I had. The whole process was smooth and he fought real hard to get me a good settlement. I highly recommend the Chavez Law Firm. You will not be disappointed

– Adriana Solis

Attorney Chavez has excellent character and is truly honest and caring. The empathy his staff has shown me during my devastating time has made me feel like I am a member of their own family. I wish this law firm nothing but the best for showing such integrity.

– Luis Amador

Mr. Chávez is an excellent attorney and very professional. He solved my case and exceeded my expectations! If you need legal help regarding a wrongful termination, he is the best attorney for that!

– Maria Terrazas

The enforcement of the Texas Equal Pay Act is another area of concern. Although the law provides a clear legal pathway for addressing pay discrimination, many employees are reluctant to take legal action due to fears of retaliation or the potential cost and stress of litigation. Moreover, proving that pay discrimination has occurred can be challenging, as it often requires detailed evidence of how pay decisions were made and whether they were based on legitimate factors. Employees who believe they have been subject to pay discrimination may face difficulties in obtaining the necessary documentation or testimony to support their claims.

The Role of Legal Advocacy in Pay Equity

Given the complexities and challenges associated with achieving pay equity, legal advocacy plays a crucial role in enforcing the Texas Equal Pay Act and protecting the rights of employees. Attorneys who focus in employment law are essential in helping workers understand their rights under the Act and in providing the necessary representation in legal disputes. Legal professionals can assist employees in gathering evidence, filing complaints, and pursuing litigation if necessary. They also play a critical role in negotiating settlements and ensuring that employees receive fair compensation for any wage disparities they have experienced. For employers, legal guidance is equally important in ensuring compliance with the Texas Equal Pay Act. Employers must regularly review their pay practices and policies to identify and correct any potential issues that could lead to legal challenges. Legal counsel can provide valuable advice on how to structure pay systems, document compensation decisions, and implement policies that promote pay equity. By working proactively with legal professionals, employers can avoid the costly and damaging consequences of pay discrimination lawsuits. Legal advocacy is also essential in promoting broader awareness and understanding of pay equity issues. Attorneys and legal organizations can engage in public education efforts, participate in policy discussions, and advocate for stronger legal protections against wage discrimination. Through these efforts, legal professionals contribute to the ongoing movement toward gender pay equity and help to create a more just and equitable workplace for all employees.

Ensuring Compliance with the Texas Equal Pay Act

To ensure compliance with the Texas Equal Pay Act, employers must take proactive steps to address potential pay disparities and create a workplace environment that values equity and fairness. This begins with a thorough audit of current pay practices. Employers should review their compensation data to identify any disparities between male and female employees performing substantially equal work. This analysis should consider factors such as job titles, responsibilities, skills, and experience levels. If disparities are identified, employers must investigate the reasons behind them and determine whether they can be justified by legitimate, non-discriminatory factors. In addition to auditing pay practices, employers should also implement policies and procedures that promote pay equity. This includes developing clear criteria for setting and adjusting wages, ensuring that these criteria are applied consistently across the organization, and providing training to managers and HR personnel on the importance of pay equity. Employers should also establish mechanisms for employees to raise concerns about pay disparities without fear of retaliation. This could include anonymous reporting systems or regular opportunities for employees to discuss compensation issues with HR or management. Another critical aspect of compliance is documentation. Employers must maintain detailed records of how pay decisions are made and the factors that are considered in setting wages. This documentation is essential in defending against any potential claims of pay discrimination. Employers should also be transparent with employees about how pay is determined, within the limits of confidentiality and privacy considerations. By fostering a culture of transparency and fairness, employers can build trust with their employees and reduce the risk of pay equity issues arising. Employers should also be aware of the potential legal consequences of failing to comply with the Texas Equal Pay Act. Employees who believe they have been subject to pay discrimination can file a complaint with the Texas Workforce Commission or bring a lawsuit in state court. If the court finds that pay discrimination has occurred, the employer may be required to pay back wages, damages, and legal fees. The reputational damage resulting from a pay discrimination lawsuit can also be significant, potentially affecting the employer’s ability to attract and retain talent.

The Importance of Pay Equity in the Workplace

Pay equity is not just a legal requirement under the Texas Equal Pay Act; it is also a fundamental principle of fairness and justice in the workplace. Ensuring that all employees are compensated fairly for their work, regardless of gender, is essential for creating a positive and productive work environment. Pay equity contributes to employee satisfaction and engagement, reduces turnover, and enhances the organization’s reputation as a fair and equitable employer. It also reflects the organization’s commitment to diversity and inclusion, which are increasingly important values in today’s business world. For employees, pay equity is crucial to achieving financial security and economic independence. Pay disparities based on gender can have long-term consequences, affecting an employee’s ability to save for retirement, invest in education, or achieve other financial goals. By advocating for their rights under the Texas Equal Pay Act, employees can help to close the wage gap and ensure that they are compensated fairly for their contributions to the workplace.

Current Employee Privacy Rights in Texas

In Texas, employee privacy rights are primarily governed by a combination of state and federal laws. While federal laws like the Fourth Amendment to the United States Constitution protect individuals from unreasonable searches and seizures, the workplace generally has fewer privacy protections. However, Texas does have some state-specific regulations that address certain aspects of employee privacy. Email and Social Media Privacy: Texas law prohibits employers from accessing the personal email accounts and social media profiles of their employees without explicit authorization. This means that employers cannot demand login credentials or force employees to provide access to their personal online accounts. Personal Devices: Employees’ personal devices, such as smartphones or laptops, enjoy a certain degree of protection under Texas law. Employers may not access private information stored on these devices without the employee’s consent. Medical Records: Medical privacy is safeguarded by both state and federal laws, including the Health Insurance Portability and Accountability Act (HIPAA). Employers must handle employees’ medical information with strict confidentiality. Personal Information: Employers must take appropriate measures to secure sensitive personal information collected from employees, such as Social Security numbers, bank account details, or home addresses, to prevent identity theft or data breaches.

The Dos and Don’ts of Background Checks in Texas

Background checks have become an essential part of the hiring process in today’s world. Employers are increasingly relying on background checks to ensure that their potential hires are qualified and trustworthy. However, conducting a background check is not as straightforward as it seems. There are several dos and don’ts that employers in Texas should keep in mind to ensure that their background checks are legally compliant and ethical. In this blog post, we will discuss the dos and don’ts of background checks in Texas.

Dos:

Obtain written consent: Texas law requires employers to obtain written consent from the candidate before conducting a background check. The consent should be in the form of a separate document that is clear and conspicuous. Follow FCRA guidelines: The Fair Credit Reporting Act (FCRA) lays down guidelines for employers conducting background checks. It is essential to follow these guidelines to ensure that the background check is legally compliant. Hire a reputable background screening company: Employers should hire a reputable background screening company to conduct the background check. The screening company should be accredited by the National Association of Professional Background Screeners (NAPBS). Verify the accuracy of the information: Employers should verify the accuracy of the information obtained from the background check. They should ensure that the information is relevant to the job and that the candidate has an opportunity to dispute any inaccuracies.

Don’ts:

Discriminate: Employers should not discriminate against candidates based on their race, color, national origin, sex, religion, age, or disability. They should ensure that the background check is conducted on all candidates equally and fairly. Conduct illegal searches: Employers should not conduct illegal searches such as searching the candidate’s medical records or social media accounts without their consent. They should also not ask for information that is not relevant to the job. Disregard the candidate’s rights: Employers should not disregard the candidate’s rights. Candidates have the right to know what information is being collected about them and how it will be used. They also have the right to dispute any inaccuracies in the information obtained. Rely solely on the background check: Employers should not rely solely on the background check to make hiring decisions. The background check should be used as one of the factors in the decision-making process. Other factors such as education, experience, and interview performance should also be taken into consideration. It is important for employers to keep in mind that different types of background checks may have different legal requirements. For example, conducting a credit check on a potential employee may require additional consent and disclosure under the Texas Finance Code. Employers should ensure that their background check policies are consistently applied to all candidates. It is crucial to avoid selectively applying the policy to certain candidates or positions, which could lead to allegations of discrimination. Employers should be transparent with candidates about their background check policies. They should clearly communicate the reasons for the background check and what information will be collected. Candidates should also be given an opportunity to ask questions or raise concerns about the process.

Types of Protection for Texas Employees

There are numerous laws that protect employees not only from harassment and discrimination but also from retaliation after the employee speaks up. Our legal professionals can examine the circumstances of your situation and determine if your employer acted in violation of any federal regulations.

• Americans with Disabilities Act: The Americans with Disabilities Act (ADA) serves to prohibit discrimination and ensure equal opportunity in the workplace for all individuals. This act also provides regulations for building structure, accommodations, and services to ensure that disabled individuals are not wrongfully excluded in any way. If you have a recognized disability and have experienced discrimination, either in the workplace or with any other business or establishment, you may be able to hold them accountable and obtain compensation by filing a lawsuit.
• Equal Employment Opportunity: The Equal Employment Opportunity Commission (EEOC) aids and supports individuals who have experienced harassment or discrimination in the workplace. The EEOC enforces federal employment law and can help you to obtain justice and fair compensation for your case. These cases can include denial of a job or of advancement due to race, color, religion, sex, national origin, age, disability, or genetic information. We can help you approach the EEOC regarding your employer’s illegal behavior and provide the support you need to maximize your chances of winning your case.
• Family and Medical Leave Cases: Employees of eligible employers have the right to take up to 12 weeks of unpaid leave per year due to serious illness or to care for a family member who is ill. The Family and Medical Leave Act (FMLA) protects eligible employees from facing discrimination or wrongful termination due to their absence and protects their right to their job upon their return. An attorney from our firm can help you file a claim if your right to unpaid leave has been denied or if you have been wrongfully terminated or demoted while taking leave.

Workplace Monitoring and Employee Privacy

Although Texas provides certain protections for employee privacy, employers often employ monitoring techniques to ensure workplace productivity and safety. These monitoring methods can include video surveillance, internet usage tracking, keystroke logging, and more. While these practices can be legitimate tools for business operations, they can also encroach on employees’ privacy.

Addressing Employee Privacy Rights

Balancing employee privacy rights with the legitimate needs of businesses is crucial. Employers can adopt the following measures to address employee privacy rights in Texas: Establish Clear Policies: Employers should develop comprehensive privacy policies that clearly outline the types of monitoring that will be conducted in the workplace. These policies should inform employees of their rights, the extent of monitoring, and how the collected data will be used. Obtain Informed Consent: Employers should seek informed consent from employees before implementing any monitoring measures. This consent should be voluntary, explicit, and written to ensure transparency. Limit Data Collection: Employers should only collect data that is relevant to business purposes. Unnecessary or excessive data collection can lead to privacy violations and may compromise employee trust. Secure Data Storage: Employers must prioritize data security and implement robust measures to protect sensitive employee information from unauthorized access. Regular Reviews: Companies should regularly review their monitoring practices to ensure compliance with privacy laws and reassess the necessity of each monitoring technique. Addressing employee privacy rights in Texas requires striking a delicate balance between the interests of employers and the fundamental rights of employees. By establishing clear policies, obtaining informed consent, limiting data collection, and prioritizing data security, businesses can navigate the complex landscape of employee privacy. Simultaneously, employees must remain aware of their rights and engage in open communication with their employers to create a work environment that respects individual privacy without compromising productivity and security.

A Guide to Texas Law for Employers

As social media platforms continue to grow in popularity, it’s becoming increasingly important for employers to understand the laws that regulate their use in the workplace. Texas, like many other states, has laws that specifically address social media use by employees and employers. In this guide, we’ll explore some of the key Texas laws that employers should be aware of when it comes to social media use in the workplace.

Employee Privacy Rights

One of the most important things for employers to understand is that employees have a right to privacy when it comes to their social media accounts. Texas law prohibits employers from asking employees for their social media login information or from requiring employees to add their employer to their list of friends or contacts on social media platforms. Employers are not allowed to discipline or terminate an employee for refusing to disclose their social media login information or for refusing to allow their employer access to their social media accounts.

Workplace Harassment

Social media can also be a source of workplace harassment, and employers have a responsibility to address any harassment that occurs on social media platforms. Texas law requires employers to have a policy in place for addressing workplace harassment, and this policy should include guidance on how to handle harassment that occurs on social media. Employers should also take steps to investigate any allegations of harassment that are made on social media platforms and should take appropriate disciplinary action against any employees who engage in harassment.

Social Media Use During Work Hours

Employers may also be concerned about employees using social media during work hours. Texas law allows employers to prohibit employees from using social media during work hours, as long as this policy is clearly communicated to employees and is consistently enforced. However, employers should be aware that there are certain types of social media use that are protected under Texas law. For example, employees are allowed to use social media to discuss wages and working conditions, as this is considered protected speech under the National Labor Relations Act.

Intellectual Property Rights

Employers should be aware of their intellectual property rights when it comes to social media use. Texas law allows employers to assert their intellectual property rights in any content that is created by employees during the course of their employment. This means that if an employee creates social media content that is related to their job or that is created using company resources, the employer may be able to claim ownership of that content. To further protect themselves and their employees, employers should also consider the following tips:

• Develop a Social Media Policy: Having a clear and concise social media policy is important to ensure that all employees understand what is expected of them when it comes to social media use. The policy should include information on what is considered acceptable use of social media, what is considered inappropriate behavior, and the consequences of violating the policy.
• Train Employees: Along with having a social media policy, employers should also provide training to employees on how to use social media in a responsible and professional manner. This training should cover topics such as privacy, harassment, intellectual property, and how to avoid damaging the company’s reputation on social media.
• Monitor Social Media Use: Employers should regularly monitor social media use by their employees to ensure that they are complying with the company’s social media policy. However, employers should be careful not to infringe on employee privacy rights or engage in illegal monitoring practices.
• Respond Appropriately: If an employee engages in inappropriate behavior on social media, employers should respond quickly and appropriately. Depending on the severity of the behavior, employers may need to take disciplinary action or involve legal counsel.
• Social media can be a valuable tool for businesses, but it’s important for employers to understand the laws that regulate its use in the workplace. By implementing clear policies, providing training, monitoring social media use, and responding appropriately to any issues that arise, employers can create a positive social media environment that benefits their business and respects the rights of their employees.

Proving Wrongful Termination in Texas: Your Comprehensive Guide

In the state of Texas, employment operates under the principle of “employment at-will,” granting employers the authority to terminate employees for any lawful reason. However, if an employee is terminated for an unlawful reason, it constitutes wrongful termination and can lead to legal repercussions. Understanding what constitutes wrongful termination and how to prove it is crucial for anyone facing such circumstances. In this guide, we’ll delve into the intricacies of wrongful termination in Texas, exploring what it entails, how to recognize it, and what steps to take if you believe you’ve been wrongfully terminated.

Understanding Wrongful Termination

Wrongful termination occurs when an employer fires an employee for reasons that violate federal or state laws. While Texas follows the employment at-will doctrine — which allows for termination without cause — there are exceptions to this rule. Some common illegal reasons for termination include discrimination based on factors such as race, sex, disability, pregnancy, age, or retaliation for protected activities such as filing complaints or claims.

Recognizing Illegal Termination Reasons

To recognize wrongful termination, it’s vital to understand the various forms it can take. Discrimination-based terminations often hinge on factors like belonging to a protected class, meeting job performance expectations, experiencing adverse employment actions, and witnessing differential treatment compared to similarly situated employees outside the protected class. Additionally, retaliation-based terminations occur when adverse actions are taken against employees for engaging in protected activities, such as reporting misconduct or participating in official investigations.

Proving Wrongful Termination

Proving wrongful termination necessitates gathering substantial evidence and understanding the legal framework surrounding such claims. Employees must establish the existence of an employment relationship, the circumstances of their termination (whether direct or constructive), and evidence indicating unlawful motives behind the termination. Constructive discharge, where working conditions become intolerable, is treated akin to termination, underscoring the importance of objectively assessing workplace conditions.

Legal Recourse and Statutes of Limitations

Employees wrongfully terminated in Texas must adhere to specific timelines for legal recourse. Statutes of limitations dictate the timeframe within which claims must be filed, typically starting from the date of termination. For instance, filing a claim with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) usually falls within 180 to 300 days from termination, depending on the circumstances.

What Are the Challenges of Proving Wrongful Termination in Texas?

Proving wrongful termination in Texas can be a complex endeavor due to the nuances of employment laws and the need for substantial evidence. Employers often conceal unlawful motives behind seemingly legitimate reasons for termination, making it challenging for employees to substantiate their claims. Additionally, the subjective nature of constructive discharge and the burden of proof placed on employees further complicate the process. Understanding these challenges is crucial for individuals navigating wrongful termination claims in Texas. However, with the guidance of experienced legal professionals, employees can effectively address these obstacles and seek rightful recourse.

How Can Documentation Strengthen a Wrongful Termination Claim?

Documentation plays a crucial role in bolstering a wrongful termination claim in Texas. Keeping records of employment contracts, performance evaluations, emails, and any incidents of discrimination or retaliation can provide valuable evidence to support your case. Additionally, maintaining a detailed log of relevant dates, conversations, and witnesses can strengthen your credibility and enhance the persuasiveness of your allegations. Understanding the significance of documentation and its impact on the outcome of a wrongful termination claim is essential for employees seeking legal recourse. By diligently preserving evidence, individuals can increase their chances of achieving a favorable resolution in their case.

What Legal Remedies Are Available for Wrongful Termination in Texas?

Wrongful termination victims in Texas may wonder about the potential legal remedies available to them. Understanding the range of options can empower individuals to make informed decisions about pursuing compensation. Legal remedies for wrongful termination may include reinstatement to the former position, monetary damages such as back pay and compensatory damages for emotional distress, punitive damages to punish the employer for egregious conduct, and attorney’s fees and court costs. Exploring these avenues can help individuals assess the viability of their claims and determine the best course of action for seeking redress.

Not Speaking Up

It’s not uncommon for people who are being discriminated against in the workplace to also suffer from bullying. It can be tough to speak up when you are being intimidated and verbally or even physically abused. If you are being mistreated at work in any way—including being treated unfairly in the form of lower pay than your coworkers due to your race or sex— your rights are being violated. Our El Paso discrimination lawyer can guide and support you through putting an end to discrimination. Our firm is experienced in employment law and can guide you through reporting discrimination, both internally and to the Equal Employment Opportunity Commission (EEOC).

Turning to Friends and Loved Ones for Advice

It’s understandable to turn to your friends and family for support when you’re being discriminated against at work. Turning to someone not versed in employment law for legal advice, however, can ruin your claim. It’s natural for your loved ones to want to help, but they probably lack both the legal background and the objectivity to give you good advice. An experienced El Paso discrimination trial attorney is the best person to help you seek compensation for your damages, resolve your employment problem, and potentially keep your job, if you so desire.

Moving Forward Without an Attorney

Employment law is fairly complicated. If you are experiencing discrimination and possibly intimidation by your employer, it’s best not to confront the employer without the support of an experienced attorney. Our El Paso discrimination lawyer will fight to protect your rights according to federal employment law, guiding you through the process of filing a claim with the EEOC in addition to handling communications with your employer.

Hiring the Wrong Attorney

When you’re ready to take the step of hiring a lawyer, it’s important to be selective. Not every lawyer will have the experience and knowledge base to effectively protect your rights and resolve your employment claim. If you were looking for a doctor to treat a specific medical condition, you would make sure you turned to an expert in that area of medicine. There are many different practice areas within the law open to attorneys. Be sure to hire someone who has knowledge and experience in employment law and who is also a trial attorney. The attorney should have a successful record resolving discrimination cases via negotiation and in the courtroom.

El Paso Discrimination Client Story

The client story that follows is intended to provide you with a good overview of your discrimination claim. We’ve edited the names and details to protect the privacy of our client. The value of the information remains, however, so please read through to learn as much as possible. When you’ve finished, please give us a call to schedule your free legal consultation so we can discuss your specific claim. On a warm spring day not so long ago, Camila Alvarez reluctantly clocked into her job at a large hotel in El Paso, stopping at her locker to stash her belongings and get her apron. She then headed for her station, giving herself a mental pep talk as she tied the apron around her slender waist. Camila was always a conscientious employee. She’d started out with the hotel chain four years earlier as a member of the cleaning crew at their downtown location. After only a year on the job, Camila’s supervisor noticed her initiative, reliability, and professionalism, and promoted her to assistant manager of housekeeping. Things were going well until a merger led to the supervisor opting for early retirement rather than a layoff. Camila was given the choice between going back to her former pay and title in housekeeping, or transferring to another hotel. Camila opted to transfer to the larger hotel across town. She applied for a position as a member of the hotel restaurant’s waitstaff, hoping to at the very least maintain the salary she’d been making for the past three years. Her supervisor wrote her a shining letter of recommendation and she got the position. Things didn’t go as Camila had expected, however. From the very start, she noticed a current of hostility between the waitstaff and management. She’d hoped to make friends at the new facility but found herself on the outside. Camila was about ten years older than most of the servers, who were themselves college students. She was about 25 years younger than the “career” servers, who referred to themselves as “Lifers,” having worked the dining room for two decades. The college kids ignored the older crew, but gave them a modicum of respect, leaving them alone.  The Lifers “ran” the place and had their pick of schedules and work partners. Camila found that she didn’t fit anywhere. No matter which direction she turned, she was treated as a burden. Telling herself that even if she didn’t make friends, this job presented her with an opportunity to help take care of her son, José, Camila forged ahead. She may not have any fun, but she certainly had a job to do. Almost immediately, she learned that asking questions was a bad idea. The standard response from her manager was, “What, did we forget to train you?” Sadly, her “training” apparently consisted of two very busy nights of trailing one of the older servers. The guy not only ignored her questions, but also was condescending and sexist. When she finally had a few of tables of her own, instead of helping her get the hang of things, he’d impatiently swoop in and serve her tables in addition to his own while she was busy getting drinks or salads for his tables. He treated her training like a competition. To Camila’s frustration, she repeatedly went to the kitchen to pick up dinner for her tables to hear the cook snidely tell her to “go pick up your tip.” Her tables had been taken care of, but she hadn’t learned a thing. The cook’s snarky comment was often followed by a racial slur mumbled at her back, just loud enough for her to hear. By the end of the third week, Camila was convinced this was all some sort of “hazing” ritual. Wrapping up her shift, she committed herself to learning the job with or without help, confident she could excel at it, given a little time. As she entered the locker room, however, she overheard two of the waitresses laughing about her behind her back. Lisa, a twenty-year-old college student, was saying, “Camila must have really brought one of the owners “dessert” to get this job; she obviously has no experience.” Marge, a “Lifer,” laughed and questioned Camila’s immigration status. “I’ve never even heard her speak. Does she even understand English?” she said, cackling. At that point, Camila had heard enough. She walked into the locker room and said, “Yes, I understand English very well.” Her face was burning with humiliation, but she stood her ground. The women looked at each other, startled to be caught gossiping, but quickly burst out laughing and walked out as if she didn’t even exist. The younger one even knocked Camila into the wall with her shoulder as she brushed past. At that point, Camila asked the nicer of the two managers for a private word. They sat in the office as she related her experiences thus far. He listened quietly, but she could tell by his lack of eye contact that he wasn’t going to do anything about the hostile work environment. He was clearly uncomfortable with the tears of frustration streaming down Camila’s cheeks despite her effort to contain them. After five minutes, he handed her a tissue box and told her, “Take your time and come out when you’re ready.” He then carefully skirted her and left the office, saying, “I’m sure things will work out once everyone has gotten used to you.” The next night, Camila was waiting behind Lisa to enter an order into the computer. When the woman turned to leave, she saw Camila and stopped, narrowing her eyes. “It’s bad enough you’re here stealing jobs from Americans,” the woman hissed, “But you’re a tattletale, too!” She knocked Camila into the brass railing beside them with her hip as she left the station. At the end of her shift that night, Camila opened her locker to find a dead mouse on top of her purse. Without any proof it was placed there by someone, there was nothing for her to do but grab it with a wad paper towel and throw it out. She did, however, have the presence of mind to take a photograph of it first with her phone. She called us the next day to schedule a free legal consultation. She said she needed to know what her options were for filing a discrimination claim, and whether it would even be worth it.

Is it worth it to file a discrimination claim?

 We met Camila two days later. She said, “I feel silly coming here. I mean, I should be able to just ignore them.” We assured Camila that no one should have to endure hostility and discrimination in the workplace. “Even if their treatment of you wasn’t racially discriminatory, these are clearly not nice people. I’m sorry you’ve been thrown into such a negative work culture,” our lawyer said, adding, “The company is going to have to take responsibility for addressing the behavior of its staff. “How are you holding up? Are you getting enough sleep?” Camila was petite, but our lawyer suspected she may have lost weight recently. Her lovely brown eyes looked drawn and tired. “Not enough. I’ve been throwing myself into caring for José, but I haven’t been very hungry lately, and I toss and turn instead of sleeping. “I’ve lost some weight. Oddly enough, that has somehow made things worse.” “How so?” The lawyer asked. “A couple of the younger servers made comments that I was trying to ‘get with’ the managers. They don’t even know me, or my son, or the fact that I’m happily married. “My husband’s pretty upset. He wants to go storming in and ‘rescue me.’” She laughed, but tears welled in her eyes. She pretended she was studying the light fixture above her head, blinking in an effort to keep from crying. “I keep telling Javi I can fight my own battles.” “Camila, these aren’t battles you should have to fight,” the lawyer said. “Have you been keeping a record of the harassment?” “It sounds weird when you call it that, but I guess that’s accurate. Yes,” she answered, pulling out her phone. She showed the lawyer a string of voice recordings she’d dictated as events had occurred. “Good, that’s going to become part of the evidence for your discrimination case. It’s very important that you keep documenting everything. Dates, times, names. Be as specific as possible; especially with regard to what you’ve discussed with the managers and how they responded.”

What if nothing changes, or the harassment gets worse?

 “So, what happens if I bring a discrimination claim against the hotel and nothing changes? What if it gets even worse?” Camila asked, her shoulders drooping. “Camila, federal employment law gives you the right to protection from discrimination. The hotel corporation doesn’t get to just ignore this. “You were smart to bring this to an attorney. We can help you navigate through your situation to the best available outcome. We’ll help to protect your right to work in a physically and psychologically safe environment. “At this point, speaking up is not only important for your well-being, but also will pave the way for others who come after you.”  “That is something,” Camila said, looking at the plant in the corner but not really seeing it. “Maybe I can change the company culture for the better. Every step forward helps others who may encounter discrimination. Like José. I want him to grow up to work in a better environment than this.” That’s when she told us about the mouse. “I guess they couldn’t find a rat,” she said, wryly. “Or they knew a rat would be obvious, because there’s no way to claim it could have gotten into your locker on its own.” “Okay, that’s dark,” Camila said, “But, sadly it makes sense.” “You still have the photo?” The lawyer asked hopefully. Camila responded by turning her phone toward him again to reveal a small brown mouse lying on top of her handbag. “Should I have bagged it?” She asked, referring collecting bringing the animal as evidence.” “I’m not sure; I don’t think our research extends to rodent autopsies,” the lawyer said, trying to think of a way to prove it was intentionally placed in the locker. “If it happens again, call me before you do anything. One mouse in your locker is one thing;  two defies the odds.”

What if they fire me? Will I eligible to collect unemployment?

“So, what happens if I bring a claim and they turn around and fire me?” Camila asked, clearly worried about the possibility. “Our firm has experience with all sorts of wrongful termination cases, including discrimination and harassment. Remember, you are protected under federal employment law. If the company should move to wrongfully terminate you, we’ll be there to help defend your rights and your reputation. “In addition, we are going to determine whether you are entitled to compensation for the emotional, psychological, and physical toll this has taken on you. “If I do get terminated, would I be able to collect unemployment?” Camila asked. “We’d need to know the specific circumstances of your termination to answer that accurately. For instance, if you quit on your own before this case is over, it’s a different picture than if you are terminated,” said the lawyer. “If you are coerced into quitting, however, that’s a third scenario. If termination becomes a factor in any form, we’ll take a careful look at the circumstances to determine whether you have the right to compensation as a result,” said the lawyer. “Please know that you are not alone in this, Camila. Hiring a lawyer to help you navigate a discrimination claim is your best course of action to protect your rights and receive guidance towards the best possible outcome.” Camila was satisfied with the information we gave her in her free consultation. She retained our firm, and today, we are happy to say we put a stop to the harassment. One supervisor and two employees were fired. The other supervisor was retrained and the entire staff received training in racial equity. The open manager and two server positions were filled with highly qualified, ethnically diverse candidates. Camila received compensation for her damages, including punitive damages, making the hotel chain an example across the hospitality industry. Through it all, Camila held her ground, remaining on staff until her case was resolved. Today, she works among friends and is part of a vastly different— and happier — work culture.

Call Our El Paso Discrimination Lawyer Today

We hope the information on this page has given you a better understanding of your discrimination claim. Since no two cases are exactly the same, please call our El Paso discrimination lawyers to schedule your free legal consultation. You don’t have to take on workplace discrimination by yourself. Call and let us stand up for your rights today.