We are Fighting for the Rights of Employees
Dallas Employment Discrimination Lawyer
Workplace discrimination and retaliation are illegal. If you have been the victim of illegal workplace discrimination, do not hesitate to contact the Dallas employment discrimination lawyer from our firm for aggressive and effective advocacy. We at Habib Law Firm are dedicated to standing up for the rights of our clients. Call us regarding any of the following practice areas:
- Age discrimination
- Pregnancy discrimination
- Sexual harassment
- Race and color discrimination
- National Origin discrimination
- Gender Discrimination
- Religious discrimination
- Disability Discrimination
At Habib Law Firm, we fight for individuals who are wrongfully treated and need help standing up for their rights. We are recognized as tough negotiators in settlement negotiations and in mediations. We fight to obtain resolutions for our clients that compensate them for the harm they have suffered and allow them to move forward with their lives and careers. Our firm makes every effort to obtain the maximum level of compensation for each client we serve.
How do I vindicate my rights?
You must file a charge with the EEOC in order to seek a legal remedy for national origin discrimination or retaliation that violated Title VII. You must file your charge within 180 days from the date of the alleged violation in order to protect your ability to vindicate your rights under Title VII. 42 U.S.C. § 2000e-5(e)(1). If you live in a state that has a state law prohibiting national origin discrimination, however, this 180-day filing deadline is extended to 300 days or 30 days after you have received notice of termination of state proceedings if that date is earlier, because you are required to file a charge with the appropriate agency in your state. Id.
The EEOC or your state or local agency will investigate your charge of discrimination, and if it determines your charge has merit, it will attempt to foster conciliation between you and the employer. However, most EEOC field offices do not have the capacity to act on most complaints in a timely manner. Regardless of the EEOC’s determination, you may bring a civil action in court after 90 days have passed since you filed your charge by requesting a “right-to-sue” letter from the EEOC. See 29 C.F.R. § 1601.28(e)
Tell Us About Your Situation by Calling (214-775-9585)
To find out what our Dallas Employment Attorney can do to prepare you for the case ahead, contact our office today. During your initial consultation, we can hear your story and help protect your rights. We take cases involving Equal Employment Opportunity Commission (EEOC).
Gender discrimination is illegal. There are several Federal laws that prohibit discrimination based on sex with respect to all terms and conditions of their employment, including but not limited to: hiring, compensation, promotion, treatment on the job, termination. They also prevent employers from making employment decisions based on stereotypes or assumptions about the abilities, traits, or performance capability of individual employees based on gender.
Examples of gender discrimination can include:
- You are repeatedly denied promotions at work that are filled by members of the opposite sex despite the fact that they are demonstrably less qualified.
- Members of one sex are paid more than their counterparts.
- Employees are reprimanded for being “too manly” or “too womanly”
- An employer makes a hiring decision based on information such as if an applicant is married, has children, or plans to have children.
- Managers or staff harass or speak to workers of one gender in a demeaning or derogatory manner.
- Employers will only hire applicants based on the sex or gender of workers who are “traditionally” perceived to fill those roles.
There are several Federal laws that prohibit an employer from discriminating against an employee based on race. These laws protect employees from being treated less favorably, receiving fewer job or promotional opportunities, termination and more—including allowing an employee to be subjected to severe or pervasive harassment—based on race. Racial discrimination in the workplace is illegal.
Examples of gender discrimination can include
Jokes based on racial groups,
stereotyping of individuals based on their ethnic backgrounds,
derogatory names as well as racial epithets.
Remarks, like “Mexicans are hard workers” or “Jews are good at managing money” tend to show discrimination at work.
you should contact the Dallas racial discrimination attorneys at Habib Law Firm.
National Origin Discrimination.
National origin discrimination is defined as unfair treatment on the basis of an employee's country of origin, foreign accent, ethnicity, ancestry, or perceived ethnic background. This also means that employees cannot be treated unequally because of their culture, the customs they practice, or the national origin of their spouse or circle of friends. Employers also cannot discriminate against employees or applicants who have foreign accents, unless it seriously interferes with their ability to perform their job duties. Federal laws such as the Civil Rights Act of 1964, were enacted to protect employees against national origin discrimination.
Some examples of national origin discrimination may include (but are not limited to):
- Racial epithets about an employee's country of origin
- An employer rejects applicants or denies interviews to people who have foreign accents, even though they are otherwise qualified to perform the job.
- Requiring only non-Caucasian applicants to submit work authorization documents
- Comments like "He doesn't fit in with the company culture here," "We don't want too many [Hispanics, Asians, etc.] in the company," or "She shouldn't be interacting with clients because of her accent."
- English-only rules are only lawful if established for nondiscriminatory reasons, and promote the necessary operations of the business
The Age Discrimination in Employment Act (ADEA) prohibits the mistreatment of workers age 40 and over because of their age. This includes all aspects of employment including hiring, promotions, training, salary, job assignments and termination. Workplace age discrimination also includes harassment based on age that creates a hostile or offensive work environment. The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that protects employees who are over 40 years of age from being discriminated against because of their age. This law applies to most employers who have 20 or more employees.
The Older Workers Benefit Protection Act of 1990 (OWBPA) is a federal law that amended the ADEA to grant further protections to older employees. The OWBPA prevents employers from denying benefits to employees who are older. According to this law, an employer can only reduce benefits based on age if the cost of providing reduced benefits to older employees is the same as the cost of providing benefits for younger employees.
Some examples of age discrimination might include:
- Repeatedly asking an employee, “Are you going to retire?” or “When are you going to retire?”
- Threatening to fire an employee if he/she does not retire
- Forced retirement
- Comments such as: “He’s not a good cultural fit for the company,” “We want a more youthful image for our company,” or “We need more young blood in the company.”
- Laying off older employees with the highest salaries first
- A company that refuses to hire anyone who appears older than a certain age
- Refusing to invest in an older employee’s training and growth
- Giving poor performance reviews that are undeserved and then firing the employee based on these negative evaluations
- Passing over an older worker for a promotion and hiring a younger person instead
The Americans with Disabilities Act (ADA) prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against a qualified individual with a disability because of that employee’s disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job. Reasonable accommodations can include modifications to the work environment or to the way the job is customarily done, to help a disabled employee perform the duties of the job. Examples of reasonable accommodation can include modifying the employee’s work schedule, making facilities accessible to the disabled (e.g. making ramps), modifying tests and training materials, and modifying or buying new equipment.
Some examples of disability discrimination in the workplace might include:
- Statements such as “He’s not capable of performing these job duties,” or “She’s unqualified for this job”
- Derogatory comments about an employee’s disability, e.g. “retarded”
- Refusing an employee’s request for time off to get medical treatment for a disability; terminating the employee instead
- Refusing to make changes to make the facility accessible to the disabled
Pregnancy discrimination is usually based on outmoded stereotypes, and is often a form of gender discrimination. Discrimination can be evidenced by company policies, discriminatory “downsizing,” “reorganization” and other personnel decisions, and by comments like “she can’t handle the work anymore now that she is pregnant” or “a pregnant woman does not belong in the workplace.” Sometimes the discrimination is more subtle, and can be apparent in getting passed over for a promotion, denial of bonuses, and other discretionary personnel decisions.
Pregnancy discrimination affects women in a wide variety of workplaces. It is not found only at more traditionally male workplaces such as factories and construction jobs, but also in retail, office jobs, and at high levels in large corporations. In fact, women who work in high-pressure white collar jobs requiring substantial hours often face the most subtle – and most severe – forms of pregnancy discrimination
Sexual Orientation Discrimination
Federal law provides protections against sexual orientation and gender identity workplace discrimination as well. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, including text messages and emails. The harasser can be supervisor, a co-worker, or in some instances, someone who is not an employee. Often, the harasser is in a position of power or authority over the victim. Sexual harassment can lead to retaliation after a person rejects sexual advances. If you have been subjected to improper sexual conduct at work, contact the Dallas sexual harassment attorneys at Habib Law Firm
- Some examples of age discrimination might include
- Sexual Advances
- Sexual Advances During the Hiring Process
- Sexual Advances from Supervisors
- Sexual Intimidation
- Sexual Joking, Sexual Comments
- Unlawful Touching
Workplace sexual harassment can occur even outside of the office, such as a holiday office party.
Title VII of the Civil Rights Act of 1964, as well as many state and local laws, prohibit employers from discriminating against employees on the basis of their religion. This discrimination may come in the form of adverse employment actions, but may also include harassment based on an employee’s religion. Employers are also required to provide reasonable accommodations for their employees’ religious practices and beliefs unless the employer can demonstrate that such an accommodation would cause them an “undue hardship.” Religion in the employment setting includes not only established religions such as Christianity, Judaism, Islam, or Buddhism, but also sincerely held ethical, personal, or religious beliefs. Employers are not allowed to discriminate based on religion, which means that employers cannot refuse to hire, deny promotions, fire people, or take other adverse employment actions that are driven by animosity towards an individual’s religion. Company policies that have the effect of discriminating against all people of a particular religion may also be found to violate the law.
Sometimes religious discrimination claims are based on a hostile work environment. Where individuals are singled out and repeatedly harassed or subjected to disparaging remarks based on their religion, a hostile work environment may exist. Harassment of this sort does not need to be done by management; co-workers or even customers can create a hostile environment where management does nothing to address a known problem. Derogatory remarks about “ragheads,” “Bible thumpers” and the like are evidence that a hostile work environment may be present.
In addition to the protections against direct discrimination, federal laws protect employees who oppose discriminatory conditions at work and face retaliation for their actions. Unlawful retaliation can include refusal to hire, demotion, transfer to undesirable job duties, or termination of an employee who has filed a charge of discrimination within the company or with the Equal Employment Opportunity Commission (EEOC), or has participated in the investigation of discrimination.
What remedies are available?
If a court finds you have been discriminated or retaliated against in violation of Title VII, you may be entitled to remedies including:
- Reinstatement, compelled hiring, or compelled promotion
- Back pay
- Front pay
- Retroactive seniority and benefits
- Compensatory and punitive damages (punitive damages not available against government employers)
- Attorneys’ fees
If you have experienced discrimination or have suffered retaliation for opposing your own unlawful treatment or that of a co-worker, contact the experienced lawyers at Habib Law Firm for a confidential evaluation of your case without charge or further obligation.