Your Rights

Freedom from discrimination In the Workplace

Discrimination, regardless of whether it is based on race, sex, age, or other protected characteristics, is a fundamental injury to a person’s individual rights. Federal and state employment laws prohibit employers from making decisions about a person’s employment opportunities because of a protected characteristic.

Who is Protected From Discrimination?

Federal and state laws prohibit discrimination based on the following protected characteristics: race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, and genetic information (including family medical history).

When does protection from discrimination apply?

Persons are protected from discrimination at any stage of the employment cycle, including hiring, promotions, training, opportunities for advancement or more pay, disciplinary actions, or termination.

What is the law on workplace discrimination?

Title VII of the Civil Rights Act of 1964: Makes it unlawful to discriminate on the basis of race, color, religion, national origin or sex.

The Pregnancy Discrimination Act of 1978: Prohibits discrimination on the basis of pregnancy, childbirth and/or a medical condition related to pregnancy or childbirth.

The Equal Pay Act of 1963: Prohibits wage discrimination between men and women who perform equal work.

The Age Discrimination in Employment Act of 1967: Protects persons who are 40 or older from workplace discrimination.

The Americans with Disabilities Act of 1990:  Makes it unlawful to discriminate against a qualified person with a disability (a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment).

42 U.S.C. 1981 (Section 1981): A federal law prohibiting discrimination on the basis of race, color, and ethnicity when making and enforcing contracts.  It does not prohibit discrimination on the basis of any other protected class. Courts have interpreted Section 1981 to apply to the employment context, including at-will employment and the independent contractor relationship. Section 1981 also prohibits retaliation.

The Texas Commission on Human Rights Act: Makes it unlawful to fail or refuse to hire, discharge or discriminate in compensation and terms, conditions and privileges of employment based on race, color, disability, religion, sex, national origin, or age (40 and older).

Additional Resources

U.S. Equal Employment Opportunity Commission

Texas Workforce Commission

Examples of Potential Discrimination

Unjust Discipline or Termination

You have received a disciplinary warning from your supervisor.  You didn’t do anything wrong or you know that other employees engaged in the same conduct and were not disciplined.  Worse still, you have been terminated.  Your employer did not provide a reason for your termination or the reason they provided does not make sense.  Other employees engaged in the same or similar conduct and were not terminated.

Negative Remarks About Your Age

Your supervisor or co-workers make negative comments about your age or constantly ask you about your retirement plans.  You have noticed that older qualified employees are being laid off and the company is hiring younger, less experienced people.  Your younger co-workers are receiving preferential treatment, including work assignments, schedules and opportunities. 

Denied Promotions 

Your employer has passed you over for a promotion.  You had been working hard, had received positive feedback, and had the experience and skills to do the job.  The promotion went to someone less qualified. You believe that you were denied the opportunity because of a protected characteristic.

Unequal Pay

You and a co-worker of the opposite gender have the same job, duties, experience, and qualifications.  You know that your co-worker is paid more money. The only reason you can think of for the difference in pay is your gender.

Failure to Accommodate Religious Beliefs

You have asked for accommodations related to your dress or schedule based on your religious practices and have been denied.  You have noticed that other employees are allowed to disregard the dress code or modify their work schedules for personal reasons.  This doesn’t seem fair. You believe that the real reason for the denial is related to your religious beliefs.