What Is Unfair Treatment at Work in Texas?

Boss yelling at an employee.

Dealing with unfair treatment at work can be tough. In Texas, this means when an employer acts in a way that harms an employee’s work environment or job status without a good reason. This might include discrimination, harassment, or retaliation based on things like race, gender, or sexual orientation. For instance, if an employee is repeatedly overlooked for promotions in favor of less qualified coworkers because of their national origin, this is unfair treatment.

At Galo Law Firm, we know how complicated employment law can be and are committed to protecting your rights. If you think you’re facing unfair treatment at work, don’t hesitate. Call us today at 210-764-6135 for a consultation and let our skilled legal team help you find a fair solution.

Types of Unfair Treatment Employees May Face

Unfair treatment at work means actions or behaviors that harm an employee’s work environment or job status without a valid or lawful reason. Unfair treatment at work can manifest in various ways, each posing distinct challenges and consequences for employees. Common forms include discrimination, harassment, and retaliation, all of which can seriously impact an employee’s career and well-being.

Understanding how to spot unfair treatment helps employees take action, like filing a complaint with the Equal Employment Opportunity Commission (EEOC) or seeking legal advice, to address and fix the situation.

Discrimination Based on Protected Classes

Employment discrimination happens when an employee is treated unfairly because they belong to a protected group, like race, gender, or age. This unfair treatment can affect various job aspects, such as hiring, firing, promotions, and pay decisions. In Texas, protected groups include race, color, religion, sex, national origin, disability, age, gender identity, and genetic information.

The Civil Rights Act is a key law that prevents workplace discrimination based on race, color, religion, sex, or national origin. Other laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) offer extra protection for people with disabilities and those who are 40 or older.

Examples of discrimination include not providing necessary accommodations for disabilities, unfairly firing someone because of their age, or making biased promotion decisions based on gender. Knowing these laws helps employees identify and fight against discrimination more effectively.

Harassment in the Workplace

Workplace harassment includes any unwanted behavior that is severe or widespread enough to create a hostile work environment. This can involve verbal, physical, or visual harassment, such as inappropriate comments, unwanted touching, or using offensive language. To prove a hostile work environment, the behavior must significantly change the employee’s working conditions.

Texas law makes it illegal to engage in sexual harassment and create hostile work environments based on gender or sex. Sexual harassment can be committed by anyone, regardless of their gender. It’s important to understand that minor or isolated incidents might not be enough for a lawsuit, but ongoing or severe behavior can justify legal action.

Examples of harassment include asking for someone’s personal phone number, making inappropriate remarks, or fostering a threatening work atmosphere. Recognizing these actions and knowing when to make a claim can help employees protect themselves and seek justice.

Retaliation for Reporting Issues

Workplace retaliation happens when an employer punishes an employee for reporting unfair treatment or helping in discrimination investigations. This punishment can include things like being demoted, getting a pay cut, or even being wrongfully fired. Retaliation is a serious breach of workplace rights and can have major effects on both the employee and the employer.

Employees are protected from retaliation by various federal and state laws. If you face negative actions after reporting unfair treatment, it may be a sign of retaliation, which is illegal and can be challenged. Knowing these protections is key for employees to feel safe when reporting issues without fearing backlash.

How Do Courts Determine if an Employer’s Actions Were Unfair?

Courts determine if an employer’s actions were unfair by looking at the evidence and the situation around the alleged unfair treatment. They check if the actions were discriminatory, retaliatory, or broke any federal or state employment laws. Important factors include whether the treatment was based on an employee’s membership in a protected class and if it led to negative job outcomes.

Courts also compare the employer’s policies and actions to see if similar employees were treated differently. They review the employer’s reasons for the action to see if they’re valid or just an excuse for discrimination. If there’s a hostile work environment or a failure to provide reasonable accommodations, it can support claims of unfair treatment. Ultimately, the employee must prove that the employer’s actions were unfair and violated their legal rights.

Legal Protections for Employees in Texas

In Texas, employees are protected by various federal and state laws that help ensure they are treated fairly and shielded from workplace discrimination. Here are some key legal protections:

  1. Civil Rights Act: This federal law prohibits discrimination based on race, color, religion, sex, or national origin. It ensures that employees are treated equally in all aspects of employment, including hiring, promotions, and termination.
  2. Americans with Disabilities Act (ADA): This law protects employees with disabilities, requiring employers to provide reasonable accommodations and prohibiting discrimination based on disability.
  3. Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and older from discrimination based on age, covering various employment practices.
  4. Equal Pay Act: Mandates equal pay for equal work, regardless of gender, ensuring that employees are compensated fairly.
  5. Pregnancy Discrimination Act: Prohibits discrimination based on pregnancy, childbirth, or related medical conditions, ensuring equal treatment in employment.
  6. Genetic Information Nondiscrimination Act (GINA): Protects employees from discrimination based on genetic information, including family medical history.
  7. Texas Labor Code: Provides additional protections under state law, prohibiting employment discrimination and ensuring fair treatment for Texas employees.
  8. Title VII of the Civil Rights Act: Further protects against employment discrimination based on race, color, religion, sex, and national origin.
  9. Texas Workforce Commission (TWC): Offers resources and assistance for employees facing discrimination, including the ability to file complaints and seek resolution.

These laws work together to ensure that workplaces are free from discrimination, harassment, and retaliation. They empower employees to stand up for their rights and seek justice when treated unfairly. By understanding these protections, employees can better navigate their work environment and effectively address any unfair treatment they may encounter.

Types of Unfair Treatment Employees May Face

Unfair treatment at work can manifest in various ways, each posing distinct challenges and consequences for employees. Common forms include discrimination, harassment, and retaliation, all of which can seriously impact an employee’s career and well-being.

Discrimination Based on Protected Classes

Employment discrimination happens when an employee is treated unfairly because they belong to a protected group, like race, gender, or age. This unfair treatment can affect various job aspects, such as hiring, firing, promotions, and pay decisions. In Texas, protected groups include race, color, religion, sex, national origin, disability, age, gender identity, and genetic information.

The Civil Rights Act is a key law that prevents workplace discrimination based on race, color, religion, sex, or national origin. Other laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) offer extra protection for people with disabilities and those who are 40 or older.

Examples of discrimination include not providing necessary accommodations for disabilities, unfairly firing someone because of their age, or making biased promotion decisions based on gender. Knowing these laws helps employees identify and fight against discrimination more effectively.

Harassment in the Workplace

Workplace harassment includes any unwanted behavior that is severe or widespread enough to create a hostile work environment. This can involve verbal, physical, or visual harassment, such as inappropriate comments, unwanted touching, or using offensive language. To prove a hostile work environment, the behavior must significantly change the employee’s working conditions.

Texas law makes it illegal to engage in sexual harassment and create hostile work environments based on gender or sex. Sexual harassment can be committed by anyone, regardless of their gender. It’s important to understand that minor or isolated incidents might not be enough for a lawsuit, but ongoing or severe behavior can justify legal action.

Examples of harassment include asking for someone’s personal phone number, making inappropriate remarks, or fostering a threatening work atmosphere. Recognizing these actions and knowing when to make a claim can help employees protect themselves and seek justice.

Retaliation for Reporting Issues

Workplace retaliation happens when an employer punishes an employee for reporting unfair treatment or helping in discrimination investigations. This punishment can include things like being demoted, getting a pay cut, or even being wrongfully fired. Retaliation is a serious breach of workplace rights and can have major effects on both the employee and the employer.

Employees are protected from retaliation by various federal and state laws. If you face negative actions after reporting unfair treatment, it may be a sign of retaliation, which is illegal and can be challenged. Knowing these protections is key for employees to feel safe when reporting issues without fearing backlash.

Recognizing Signs of Unfair Treatment

Spotting signs of unfair treatment is key to tackling workplace discrimination and ensuring fairness at work. Here is a clear list of indicators that might signal unfair treatment:

  1. Unjustified Disciplinary Actions: Receiving warnings or penalties without valid reasons, often targeting specific groups.
  2. Excessive Scrutiny: Being subjected to overly harsh or disproportionate evaluation compared to peers.
  3. Resistance to Diversity Initiatives: Observing reluctance or opposition to diversity and inclusion efforts within the workplace.
  4. Exclusion from Important Meetings or Events: Being left out of meetings or social events that are essential for career advancement.
  5. Pay Disparities: Noticing significant differences in compensation among employees performing similar roles, especially across protected classes.
  6. Lack of Equal Promotion Opportunities: Witnessing biased promotion decisions that favor certain individuals over others without merit.
  7. Microaggressions: Experiencing subtle, often unintentional, discriminatory remarks or actions, such as stereotypes or dismissive comments.
  8. Hostile Work Environment: Enduring persistent negative behavior that creates an intimidating or offensive work atmosphere.
  9. Denial of Reasonable Accommodations: Being refused necessary adjustments for disabilities or religious practices, as required by law.
  10. Constructive Discharge: Facing intolerable working conditions that pressure you to resign.
  11. Retaliation for Reporting Issues: Encountering adverse actions like demotions or pay cuts after reporting discrimination or harassment.
  12. Discrimination in Hiring or Firing: Observing biased decisions based on race, gender, age, or other protected characteristics.
  13. Sexual Harassment: Experiencing unwelcome sexual advances or conduct that affects work performance.

Being aware of these signs helps employees recognize and tackle unfair treatment effectively, promoting a workplace that is free from discrimination and hostility.

10 Steps to Take If You Experience Unfair Treatment

If you’re facing unfair treatment at work, it’s important to take steps to protect your rights. Here’s a simple guide on what to do:

  1. Document Everything: Start by gathering evidence such as photos, recordings, screenshots, text messages, notes, and social media comments that support your claims. This documentation is crucial in proving your case.
  2. Review Company Policies: Familiarize yourself with your company’s policies regarding discrimination, harassment, and unfair treatment. This knowledge can guide you on how to proceed within your organization.
  3. Report the Issue Internally: Inform your supervisor or human resources department about the unfair treatment. Ensure you follow the proper channels as outlined in your company’s policies.
  4. Keep a Record of All Communications: Maintain a detailed record of all communications related to your complaint, including dates, times, and the individuals involved.
  5. Seek Support: Consider speaking with trusted colleagues, mentors, or employee assistance programs for support and advice on handling the situation.
  6. Consult an Employment Attorney: If the issue persists or if you feel your complaint is not being taken seriously, consult with a skilled employment lawyer to understand your legal options.
  7. Consider Filing a Legal Complaint: If the unfair treatment constitutes illegal discrimination or harassment, you may need to file a complaint with the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC). This step should be taken within 180 days of the discriminatory event.
  8. Participate in Mediation or Investigation: If your complaint is accepted, engage in any mediation or investigation processes initiated by the TWC or EEOC to resolve the issue.
  9. Explore Legal Action: If mediation fails or if the investigation does not resolve the issue, discuss with your attorney the possibility of taking legal action to ensure your rights are protected.
  10. Stay Informed and Involved: Throughout the process, stay informed about your rights and remain actively involved in resolving the issue. This proactive approach can lead to a fair outcome and help prevent future occurrences.

By following these steps, you can effectively deal with unfair treatment at work. This approach helps protect your rights and ensures you are treated fairly.

How Galo Law Firm Can Help You

At Galo Law Firm, we are dedicated to helping clients who face unfair treatment at work in Texas. We combine our knowledge of employment law with a personal approach, ensuring that every client receives the attention they need. We understand how complex employment discrimination cases can be and work hard to achieve positive results for our clients.

Our experience includes handling cases related to workplace discrimination, wrongful termination, and hostile work environments. We are familiar with both federal and state laws, including the Texas Labor Code, and we strive to protect the rights of Texas employees.

If you’re experiencing unfair treatment at work, it’s important to act. Contact Galo Law Firm today for a consultation. We can help you understand the legal process and find a solution that works for you. Call us at 210-764-6135 to speak with our legal team.