<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
     xmlns:content="http://purl.org/rss/1.0/modules/content/"
     xmlns:wfw="http://wellformedweb.org/CommentAPI/"
     xmlns:dc="http://purl.org/dc/elements/1.1/"
     xmlns:atom="http://www.w3.org/2005/Atom"
     xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
     xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
     xmlns:georss="http://www.georss.org/georss"
     xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
     xmlns:media="http://search.yahoo.com/mrss/">
    <channel>
        <title><![CDATA[Discrimination - TB Robinson Law Group, PLLC]]></title>
        <atom:link href="https://www.houstonemploymentlawgroup.com/blog/categories/discrimination/feed/" rel="self" type="application/rss+xml" />
        <link>https://www.houstonemploymentlawgroup.com/blog/categories/discrimination/</link>
        <description><![CDATA[TB Robinson Law Group, PLLC's Website]]></description>
        <lastBuildDate>Fri, 16 Aug 2024 16:50:04 GMT</lastBuildDate>
        
        <language>en-us</language>
        
            <item>
                <title><![CDATA[How employers discriminate during the hiring process]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/how-employers-discriminate-during-the-hiring-process/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/how-employers-discriminate-during-the-hiring-process/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Tue, 07 Dec 2021 00:18:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>When hiring employees, employers in the Houston area want to ensure that they are hiring the right people for the job. They want to know potential employees’ education levels, work experience, training and other information that tells them whether a certain applicant is the best fit for the job. This process should only include questions&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>When hiring employees, employers in the Houston area want to ensure that they are hiring the right people for the job. They want to know potential employees’ education levels, work experience, training and other information that tells them whether a certain applicant is the best fit for the job. This process should only include questions that specifically relate to the applicants’ qualifications for the job and nothing else.</p>



<p>Discrimination in the hiring process is not allowed. Employers cannot base their hiring decisions based on applicants’ race, religion, gender, disability, age or other protected classes of individuals. Employers still do <a href="/practice-areas/discrimination/" target="_blank" rel="noreferrer noopener">discriminate</a> though. However, they generally do not make it obvious they are discriminating against a particular applicant. To determine whether employers are discriminating, it is important to pay attention to the questions they ask on the application.</p>



<h2 class="wp-block-heading" id="h-application-questions-and-test-that-are-discriminatory">Application questions and test that are discriminatory</h2>



<p>Employers cannot ask questions that are&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.eeoc.gov/prohibited-employment-policiespractices">designed to determine</a>&nbsp;applicants’ race, gender, religion, age or questions that disproportionately screen out people based on being a part of a protected class. They cannot inquire about disabilities. They should also avoid questions about organizations or clubs the applicants may be associated with as those questions can be used to indicate applicants’ race, religion, disability, national origin and other aspects which cannot be used as a basis for hiring an applicant.</p>



<p>Employers can only have tests for applicants as part of the application process that are relevant and necessary for the job. The tests cannot unfairly exclude people because of their age, disability, race, gender or other discriminatory reasons. They also must provide reasonable accommodations to those with disabilities so they can complete any tests as a part of the hiring process.</p>



<p>Employers in the Houston area cannot discriminate against their current employees and they cannot discriminate in their hiring practices. If they do the victims may be entitled to compensation for the discrimination. As stated above, discriminatory hiring practices are usually not overt, but experienced attorneys understand the signs that employers are in fact discriminating and may be a useful resource.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Activision Blizzard lawsuit ended and new policies in place]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/activision-blizzard-lawsuit-ended-and-new-policies-in-place/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/activision-blizzard-lawsuit-ended-and-new-policies-in-place/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Wed, 10 Nov 2021 00:22:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                    <category><![CDATA[Sexual Harrassment]]></category>
                
                
                
                
                <description><![CDATA[<p>For readers of this blog, the Activision Blizzard sexual harassment and discrimination lawsuit has likely been on their radar. And, to the surprise of almost no one, it looks like the company has finally agreed to change course. The lawsuit Over the summer, the company faced a lawsuit from both the California Department of Fair&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>For readers of this blog, the Activision Blizzard sexual harassment and discrimination lawsuit has likely been on their radar. And, to the surprise of almost no one, it looks like the company has finally agreed to change course.</p>



<h2 class="wp-block-heading" id="h-the-lawsuit">The lawsuit</h2>



<p>Over the summer, the company faced a lawsuit from both the California Department of Fair Employment and Housing and <a href="/faq/discrimination-faq/" target="_blank" rel="noreferrer noopener">U.S. Equal Employment Opportunity Commission</a>. It was originally filed by the EEOC, and then the state agency joined. Both agencies filed the lawsuit over allegations of entrenched and pervasive sexual harassment and illegal discrimination at all levels of the organization.</p>



<p>The end of the lawsuit</p>



<p>In September, Activision Blizzard agreed to&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.hrdive.com/news/judge-approves-activision-blizzards-18m-eeoc-settlement-over-harassment/607570/">settle the case</a>. The settlement included an $18 million financial component, but also significant institutional changes. Immediately, the company is creating an expedited performance review system that will focus on equal opportunity and fairness. Over the next year or so, the company will also change its training programs, internal hiring practices and update their HR policies. They also hired a new CPO, Chief People Officer to ensure equity, fairness and ensure the pervasive sexual harassment and illegal discrimination stops.</p>



<h2 class="wp-block-heading" id="h-mandatory-arbitration-agreements">Mandatory arbitration agreements</h2>



<p>In another move to change their company’s culture,&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.hrdive.com/news/activision-blizzard-drops-mandatory-arbitration-for-sex-harassment-discrim/609389/">Activision Blizzard</a>, is waiving enforcement of their mandatory arbitration agreements. Prior to this recent announcement, employees were forced to arbitrate their sexual harassment and illegal discrimination claims, often with no appeal rights and always under full confidentiality. This allowed the company to hide their culture of sexual harassment behind confidentiality and avoid any true accountability or liability from victims. And, since this was a requirement of employment, potential employees would simply not be hired if they did not agree to the mandatory arbitration agreements.</p>



<h2 class="wp-block-heading" id="h-it-is-hard-to-change-company-culture">It is hard to change company culture</h2>



<p>For our Houston, Texas, readers, a key takeaway from the Activision Blizzard saga is that company cultures are hard to change, even if it is pervasive sexual harassment in the workplace. It took the weight of both the state and federal government to get this company to change, and that is often what it takes; an advocate willing to stand up to employer bullies.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Microsoft construction site and allegations of racial harassment]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/microsoft-construction-site-and-allegations-of-racial-harassment/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/microsoft-construction-site-and-allegations-of-racial-harassment/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Mon, 25 Oct 2021 00:25:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>In today’s more enlightened world, we may think that discrimination is a thing of the past. A vestige of a bygone era. Unfortunately, as the&nbsp;Equal Employment Opportunity Commission&nbsp;can attest that is simply not the case. And, a recent experience by a Black construction worker is yet another example that racism in the workplace is still,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>In today’s more enlightened world, we may think that discrimination is a thing of the past. A vestige of a bygone era. Unfortunately, as the&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.msn.com/en-us/news/us/racial-harassment-allegations-at-microsoft-campus-construction-site/ar-AAPQl3P?ocid=BingNewsSearch">Equal Employment Opportunity Commission</a>&nbsp;can attest that is simply not the case. And, a recent experience by a Black construction worker is yet another example that racism in the workplace is still, unfortunately, alive and well.</p>



<h2 class="wp-block-heading" id="h-the-racism-allegations">The racism allegations</h2>



<p>The Black construction worker was employed by a General Contractor that was building a parking garage on Microsoft’s Redmon, Washington, campus. He claims that several co-workers and even a supervisor made several explicitly racists comments to him. Indeed, his foreman allegedly came up to him and told him that he did not like southern Blacks and did not like Black Live Matters. He then explained that the Black worker should watch himself because layoffs were coming. This was just the beginning though of months long racists rants and signs. And, even after making several complaints, including sending pictures of the signs to supervisors, he was fired by local management. When he spoke about that firing to upper management, they instead reassigned him to another work group. At no point, did they ever reprimand or punish the racists, but, instead, decided to punish the victim.</p>



<h2 class="wp-block-heading" id="h-the-eeoc-complaint">The EEOC complaint</h2>



<p>Not happy with the way he was treated by management, he hired a lawyer and filed a complaint with the EEOC. Of course, the construction company does not deny the allegations, but they deny that they did not take appropriate remedial actions. This is a common defense of management, but in this case, it may not be usable because it was many in management that participated in the alleged discrimination.</p>



<h2 class="wp-block-heading" id="h-illegal-harassment">Illegal harassment</h2>



<p>The racial harassment experienced in this case is known as <a href="/practice-areas/discrimination/" target="_blank" rel="noreferrer noopener">hostile work environment harassment</a>. As the EEOC explains conduct become unlawful when that conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive, which was the case here. And, while this may have happened in Washington, it happens every year here in Houston, Texas.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[What nursing mothers should know when they go back to work]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/what-nursing-mothers-should-know-when-they-go-back-to-work/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/what-nursing-mothers-should-know-when-they-go-back-to-work/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Wed, 06 Oct 2021 00:28:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>For nursing mothers, this time is precious, but, for those on maternity leave, the time to go back to work will arrive much too soon. And, as that time approaches, mothers likely wonder what their options are when it comes to breast feeding and pumping. Luckily, there is a law that protects nursing mothers at work.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>For nursing mothers, this time is precious, but, for those on maternity leave, the time to go back to work will arrive much too soon. And, as that time approaches, mothers likely wonder what their options are when it comes to breast feeding and pumping. Luckily, there is a law that <a href="/practice-areas/discrimination/pregnancy-gender-discrimination/">protects nursing mothers at work</a>.</p>



<h2 class="wp-block-heading" id="h-the-fair-labor-standards-act">The Fair Labor Standards Act</h2>



<p>The&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.dol.gov/agencies/whd/nursing-mothers">Affordable Care Act</a>&nbsp;(P.L. 111-148, also known as the Patient Protection and Affordable Care Act) amended Section 7(r) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)). The amendment made it a requirement that employers provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk.” In addition, to requiring reasonable break time, the employer must also provide a place to breast feed or pump that is outside of the view of others and free from intrusions.</p>



<h2 class="wp-block-heading" id="h-bathrooms-not-included">Bathrooms not included</h2>



<p>Of course, some employers may think the bathroom fits that description, but the law specifically mandates that this breast feeding and pumping area cannot be the bathroom. For nursing mothers coming back to work after their&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.dol.gov/agencies/whd/nursing-mothers/faq">FMLA leave</a>&nbsp;(12 weeks), this means that this entitlement is still ongoing for at least another 40 weeks.</p>



<h2 class="wp-block-heading" id="h-what-kind-of-space-is-required">What kind of space is required?</h2>



<p>Nursing mothers must be provided reasonable breaks and space, which is dictated by the needs of the nursing mother. The space itself though, while it cannot be a bathroom, it does not have to be a corner office, or be extremely large. It simply needs to be reasonable, shielded and functional for breast feeding or pumping. It also does not have to be a dedicated space, but it must be available exclusively to the nursing mother, as needed.</p>



<h2 class="wp-block-heading" id="h-are-the-breaks-paid">Are the breaks paid?</h2>



<p>In addition, the break time does not, necessarily, have to be paid. If the employer is already providing paid break time, then the nursing mother can utilize that paid break time. The employer cannot bifurcate those breaks or mandate that the nursing mother only utilize unpaid breaks for nursing and paid breaks for non-nursing activities. Another important aspect is that these breaks must be completely free of work duties, and if it is not, then the breaks must be compensated.</p>



<p>For our Houston, Texas, readers, please understand that the failure of employers to follow these guidelines is considered workplace discrimination. And, violations can incur significant financial penalties, as well as alienate valued employees.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[How can disability discrimination impact your employment options?]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/how-can-disability-discrimination-impact-your-employment-options/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/how-can-disability-discrimination-impact-your-employment-options/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Fri, 24 Sep 2021 00:30:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Most of our readers in the Houston area are probably familiar with employment discrimination claims based on race and gender. These are the two forms of workplace discrimination that usually get the most media coverage, after all. However, there are other forms of discrimination that can occur in the workplace as well. Disability discrimination, for&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Most of our readers in the Houston area are probably familiar with employment discrimination claims based on race and gender. These are the two forms of workplace discrimination that usually get the most media coverage, after all. However, there are other forms of discrimination that can occur in the workplace as well. Disability discrimination, for example, is not uncommon, but usually this form of discrimination doesn’t attract as much attention as other forms of workplace discrimination.</p>



<p>So, how can disability discrimination impact your employment options? Well, for starters, it is important to understand that there are millions of Americans who live with some form of mental or physical disability. But, that doesn’t mean those individuals don’t want to be part of the workforce in Texas and throughout the country. There are laws in place to protect such individuals, most notably the Americans with Disabilities Act – commonly known as the “ADA.”</p>



<p>Under the ADA, employers must offer “reasonable accommodations” to employees who have disabilities. If they do not, legal action may be an option. In addition, any discrimination against an employee based on a disability may be actionable as well. The ADA includes many protections for Americans with disabilities.</p>



<h2 class="wp-block-heading" id="h-assessing-your-options">Assessing your options</h2>



<p>It can be difficult to contemplate taking legal action against your employer – or former employer. But, it is always important to remember that you have legal rights, and that should be part of your assessment of potential options. For more information about how our law firm attempts to help Texas residents with these issues, please visit the <a href="/practice-areas/discrimination/disability-discrimination/" target="_blank" rel="noreferrer noopener">disability discrimination overview section</a> of our website.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Recognizing when there has been workplace discrimination in Texas]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/recognizing-when-there-has-been-workplace-discrimination-in-texas/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/recognizing-when-there-has-been-workplace-discrimination-in-texas/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Fri, 25 Jun 2021 23:44:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Disabled Texans who are trying find employment or already have a job have the right to expect to be treated fairly under the law. Unfortunately, disability discrimination still takes place in various ways. In many situations, people are unsure of their options or have trouble recognizing if they have even been victimized in the first&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Disabled Texans who are trying find employment or already have a job have the right to expect to be treated fairly under the law. Unfortunately, disability discrimination still takes place in various ways. In many situations, people are unsure of their options or have trouble recognizing if they have even been victimized in the first place. If there is suspicion or overt evidence that a person has been subjected to disability discrimination, it is imperative to understand the parameters of what employers can and cannot do and how to address it through the legal system.</p>



<h2 class="wp-block-heading" id="h-understanding-the-basics-of-disability-discrimination">Understanding the basics of disability discrimination</h2>



<p>The Americans with Disabilities Act (ADA) and Texas law&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.twc.texas.gov/jobseekers/disability-discrimination">requires</a>&nbsp;that disabled employees be given the same opportunities as those who are not disabled when seeking employment or are already on the job. For a person to be considered disabled and protected by these laws, he or she must have a mental or physical disability that causes substantial limitations in major life activities; has a record of being disabled; and is regarded as being disabled.</p>



<p>Employers must provide reasonable accommodation for disabled workers. That can include a restroom that is accessible; adjusting the work schedule as needed; and giving the worker equipment to assist them in completing their duties. There is a limit to what employers are required to do based on how complicated it might be and if the cost is exorbitant. If it damages the business, then it might not be required.</p>



<p>Employers cannot ask a prospective employee if he or she has a disability, but the employer can ask if the person can perform certain tasks as part of the job. Medical examinations can impact whether a job is offered or not, but only if it applies to every worker and is contingent on business needs. Workers cannot be harassed due to their disability.</p>



<h2 class="wp-block-heading" id="h-recognizing-disability-discrimination-and-understanding-the-available-options">Recognizing disability discrimination and understanding the available options</h2>



<p><a href="/practice-areas/discrimination/disability-discrimination/">Workplace discrimination</a> against disabled people happens far too frequently. Some employers might use flimsy excuses to try and avoid hiring a disabled candidate no matter how qualified and credentialed they are because they believe it will prove costly or an inconvenience. This is not a viable justification to refuse to hire a person, to make the job so uncomfortable that they quit or to fire them without cause. People who have faced this form of employment law violation should know how to gather evidence, document what happened and take the necessary steps to pursue a claim. Having comprehensive help from the start can be crucial with a successful filing.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Threats, improper questions spark workplace discrimination claim]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/threats-improper-questions-spark-workplace-discrimination-claim/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/threats-improper-questions-spark-workplace-discrimination-claim/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Mon, 14 Jun 2021 23:47:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>In Texas, working in sales can be lucrative. For retail workers, they must not only deal with customers, but interact with colleagues effectively. In some cases, that can lead to disagreements and abusive behavior. If this occurs, workers expect to have an outlet to lodge complaints with human resources. Unfortunately, there can be failures at&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>In Texas, working in sales can be lucrative. For retail workers, they must not only deal with customers, but interact with colleagues effectively. In some cases, that can lead to disagreements and abusive behavior. If this occurs, workers expect to have an outlet to lodge complaints with human resources. Unfortunately, there can be failures at every level with repeated inappropriate behavior. For workers who are subjected to sexual harassment, abusive behavior and other forms of workplace wrongdoing, a legal filing can be a strategy to address the issues effectively.</p>



<h2 class="wp-block-heading" id="h-t-mobile-employee-says-she-faced-workplace-abuse-and-inappropriate-questions">T-Mobile employee says she faced workplace abuse and inappropriate questions</h2>



<p>A woman who worked as a sales representative at a T-Mobile store has&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.theverge.com/2021/6/4/22518939/t-mobile-gender-discrimination-hr-probe-onlyfans">filed a lawsuit</a>&nbsp;claiming she was discriminated against. According to her, she has been an employee for the company for almost seven years. She says that during an interaction with a customer, a coworker became irrationally angry at her, was aggressive and appeared as if he would become violent. Other workers intervened to prevent the matter from escalating further. She complained to the manager, but rather than penalizing the colleague, the woman was transferred to another store where there were fewer customers, hindering her sales opportunities. She then complained to human resources.</p>



<p>After the complaint was received, she was contacted by a man who questioned her about her private life in an inappropriate way, asking if she sought money via the internet and was supported by a man in exchange for companionship. Even when she protested, the questioning continued. She said she believed she was being sexually harassed, compounding the incident with the colleague at her original store. The company offered her a settlement, which she declined. The case is moving forward while she is on a medical leave of absence from work. The company says it investigated the allegations and that they are without merit.</p>



<h2 class="wp-block-heading" id="h-those-victimized-by-workplace-wrongdoing-should-be-protected">Those victimized by workplace wrongdoing should be protected</h2>



<p>There is a litany of accusations in this case and apparent failures at several levels of the employer-employee relationship process. The woman says she was subjected to&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.tbrobinsonlaw.com/practice-areas/employment-law/">workplace discrimination</a>, was sexually harassed and dealt with retaliation all for protesting about a fellow employee’s threatening behaviors. With cases like these, it is important for workers to know they have rights. Even with greater attention paid to workers being treated appropriately and having recourse when they are not, these actions still happen. To address it, having professional advice is a useful first step.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Professor files discrimination suit against Texas A&M–Kingsville]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/professor-files-discrimination-suit-against-texas-am-kingsville/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/professor-files-discrimination-suit-against-texas-am-kingsville/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Sat, 17 Apr 2021 23:53:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Federal and state employment laws prevent employers from taking adverse action against an employee for discriminatory reasons. Employees who are subjected to workplace discrimination may file a lawsuit against their employer for damages. A professor in the Department of Teacher and Bilingual Education has filed a discrimination lawsuit against her employer, Texas A&M-Kingsville. The Mexican-American, Spanish-speaking professor&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Federal and state employment laws prevent employers from taking adverse action against an employee for discriminatory reasons. Employees who are subjected to <a href="/practice-areas/discrimination/">workplace discrimination</a> may file a lawsuit against their employer for damages.</p>



<p>A professor in the Department of Teacher and Bilingual Education has filed a discrimination lawsuit against her employer, Texas A&M-Kingsville. The Mexican-American, Spanish-speaking professor contended that a less-qualified person received a promotion over her and alleged that current and past&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.caller.com/story/news/education/2021/04/13/professor-sues-texas-a-m-kingsville-discrimination-claim/7139425002/">university employees had engaged in discrimination</a>&nbsp;by failing to adequately hire and promote Mexican-Americans. The professor seeks damages for lost wages, mental anguish, and harm to her reputation.</p>



<h2 class="wp-block-heading" id="h-professor-alleges-harassment-discrimination-by-university">Professor alleges harassment, discrimination by university</h2>



<p>Specifically, the professor said she was appointed as interim chair of the department, but the interim dean of the College of Education and Human Performance apparently decided to conduct a nationwide ‘external’ search for the new department chair without the department faculty’s approval, a violation of the faculty handbook. She also contended the university president allowed for a flexible hiring freeze during the pandemic to accommodate the search. The professor said she experienced harassment from the interim dean, resulting in a hostile work environment, as well as a retaliatory negative performance review from the interim dean.</p>



<p>The professor apparently was selected as a finalist for the position, but another woman was chosen for the position. The professor said that she was as qualified for the position as the woman chosen and was better suited for the demographics of the university.</p>



<p>The university has reportedly denied the professor’s allegations, contending she was treated fairly.</p>



<p>If you believe you have been discriminated against by your employer, an attorney can review your case and help determine whether you have a valid claim for damages.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Texas legislature aims to end hair discrimination with new law]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/texas-legislature-aims-to-end-hair-discrimination-with-new-law/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/texas-legislature-aims-to-end-hair-discrimination-with-new-law/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Mon, 22 Feb 2021 23:59:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Members of the black legislative caucus are introducing a bill targeting hair discrimination. The Creating a Respectful and Open World for Natural Hair Act would make it illegal for a person to be denied employment or educational opportunity because of the texture or style of their hair. The Act’s language specifically mentions locs, braids, and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Members of the black legislative caucus are introducing a bill targeting hair discrimination.</p>



<p>The Creating a Respectful and Open World for Natural Hair Act would make it illegal for a person to be denied employment or educational opportunity because of the texture or style of their hair. The Act’s language specifically mentions locs, braids, and twists amongst protected hair styles.</p>



<p><a target="_blank" rel="noreferrer noopener" href="https://www.kvue.com/article/news/politics/crown-act-texas-natural-black-hair-discrimination-rooted/269-fb76e034-01a7-43e6-b59d-21de89c27a54">The Act</a>, which has already been adopted by seven different states, comes in response to a rash of hair-based claims of discrimination.</p>



<p>Most recently, a high school student in Houston was banned from walking the stage at his high school graduation simply because he refused to cut his dread locs.</p>



<p>“There are a lot more stories than we’ve ever really heard of. I think it was something that was swept under the rug kind of at everyone’s kitchen table, those conversations. But this is legislation that is necessary,” said Rep. Rhetta Bowers, a sponsor of the bill.</p>



<h2 class="wp-block-heading" id="h-victims-don-t-have-to-suffer-in-silence">Victims don’t have to suffer in silence</h2>



<p>Experiencing workplace discrimination is traumatic; the fear, the embarrassment, the insecurity – it can make doing your job impossible.</p>



<p><a href="/practice-areas/discrimination/">Discrimination</a> isn’t always explicit; it is often subtle. You may never get selected for that big promotion or offered a raise. You may feel excluded and treated differently because of your race, gender, age or religion.</p>



<p>Thankfully, victims don’t have to suffer discrimination in silence. Under both Texas state law and Federal Law, victims can file a complaint with the EEOC and seek damages for the harm they’ve suffered.</p>



<p>The firs step is contacting an experienced workplace discrimination lawyer. Thankfully, many lawyers offer a free initial consultation, allowing&nbsp; the client to have their case evaluated at no out of pocket cost.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Texas law prohibiting workplace discrimination]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/texas-law-prohibiting-workplace-discrimination/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/texas-law-prohibiting-workplace-discrimination/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Wed, 27 Jan 2021 00:01:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>While work life and the work environment may look different currently in Texas and other states across the nation due to the spike in remote work, this does not change the legal protections enjoyed by employees. Specifically, state and federal employment laws protect employees from suffering from discrimination in the workplace. Thus, no matter the setting,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>While work life and the work environment may look different currently in Texas and other states across the nation due to the spike in remote work, this does not change the legal protections enjoyed by employees. Specifically, state and federal employment laws protect employees from suffering from <a href="/practice-areas/discrimination/">discrimination in the workplace</a>. Thus, no matter the setting, if an employee believes that he or she has been subjected to workplace discrimination, it is imperative that they not only understand their rights but also the options available to remedy the matter.</p>



<h2 class="wp-block-heading" id="h-prohibition-against-workplace-discrimination">Prohibition against workplace discrimination</h2>



<p>In Texas, both state and federal laws are utilized to prohibit discrimination in the workplace. This goes beyond discrimination experienced during the employment period but also encompasses conduct during the hiring and firing phases as well. The goal of these laws is not only to prohibit such treatment but to also provide remedial action for employees that suffer from such a situation if it were to occur.</p>



<h2 class="wp-block-heading" id="h-complaints-of-discrimination">Complaints of discrimination</h2>



<p>Claims related to&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://smallbusiness.chron.com/important-hr-rules-laws-61329.html">workplace discrimination</a>&nbsp;are investigated by the Texas Workforce Commission Civil Rights Division. When such claims are filed with the Texas Workforce Commission, the complaint is also filed with the U.S. Equal Employment Opportunity Commission. These complaints are not just for those claiming mistreatment regarding one’s protective characteristic trait, such as age, sex, gender and race, but they can also include claims of sexual harassment and retaliation.</p>



<p>As a means to encourage employees to file such actions, prohibition of retaliation against employees filing a discrimination claim is covered in Chapter 21 of the Texas Labor Code. Additionally, if discrimination or harassment is proven, remedies are available. This can include monetary penalties, providing an employee with back pay and even reinstatement.</p>



<p>Workplace discrimination can cause much detriment to an employee. It not only can result in a hostile work environment but it could also cause an employee to suffer damages, such as mental, emotional and financial harms. Thus, it is important for employees to understand what actions he or should could take, such as filing a civil suit. This not only helps place liability in the matter but can assist with the assessment of damages suffered because of it.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[How segregation can still happen in the workplace]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/how-segregation-can-still-happen-in-the-workplace/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/how-segregation-can-still-happen-in-the-workplace/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Fri, 15 Jan 2021 00:03:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Segregation is often thought of as something from a bygone era, a practice relegated to history. Unfortunately, this is not always the case, and employees can find themselves experiencing illegal&nbsp;segregation. State and federal law Discriminatory segregation is made illegal at the federal level by Title VII of the Civil Rights Act of 1964 and at&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Segregation is often thought of as something from a bygone era, a practice relegated to history. Unfortunately, this is not always the case, and employees can find themselves experiencing illegal&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.twc.texas.gov/jobseekers/racial-discrimination#segregationClassificationOfEmployees">segregation</a>.</p>



<h2 class="wp-block-heading" id="h-state-and-federal-law">State and federal law</h2>



<p>Discriminatory segregation is made illegal at the federal level by Title VII of the Civil Rights Act of 1964 and at the state level by Texas Labor Code Chapter 21. These laws protect employees from employment discrimination based on race and other protected classes. These laws apply to all private employers that employ 15 or more employees and all governmental entities.</p>



<h2 class="wp-block-heading" id="h-segregation">Segregation?</h2>



<p>So, how does illegal, <a href="/practice-areas/discrimination/">discriminatory</a> segregation pop up in the workplace? An employer may physically isolate their minority employees from other employees or customers, like mandating they can only be in the warehouse, never in the front. Another example would be assigning only or primarily minorities to areas that are predominantly minority, like assigning minority sales representatives to only minority neighborhoods. Yet another example is excluding minorities from certain positions or ensuring that certain jobs are generally held only by minorities. Finally, coding resumes and applications with an applicant’s race for the purpose of excluding them or only looking at them for certain positions is also illegal segregation.</p>



<h2 class="wp-block-heading" id="h-what-to-do-if-one-is-the-victim-of-discrimination">What to do if one is the victim of discrimination</h2>



<p>For Houston, Texas, employees, contact an <a href="/faq/discrimination-faq/" target="_blank" rel="noreferrer noopener">attorney</a> immediately. The attorney can walk discrimination victims through filing a complaint with the state, and even go over whether one has a case. Though, even if one is not comfortable contacting an attorney first, anyone that believes they are a discrimination victim, they can submit a discrimination complaint through the TWC Civil Rights Division.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Don’t let age discrimination railroad your career]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/dont-let-age-discrimination-railroad-your-career/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/dont-let-age-discrimination-railroad-your-career/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Tue, 22 Dec 2020 00:07:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>There are all kinds of discrimination that can and does occur in the workplace. Discrimination based on gender, race, and religion get a lot of attention, but other forms of discrimination can be just as harmful. In fact, a lot of individuals find that they are passed over for jobs, demoted, or even fired simply&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>There are all kinds of discrimination that can and does occur in the workplace. Discrimination based on gender, race, and religion get a lot of attention, but other forms of discrimination can be just as harmful. In fact, a lot of individuals find that they are passed over for jobs, demoted, or even fired simply because of their age. Fortunately for them, age is a protected class, which means that employers who make negative employment actions based solely on a person’s age can be held accountable for the damages they cause.</p>



<h2 class="wp-block-heading" id="h-a-closer-look-at-age-discrimination">A closer look at age discrimination</h2>



<p>There are a lot of nuances to the bar on&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.dol.gov/general/topic/discrimination/agedisc">age discrimination</a>. To start, it only applies to those individuals who are 40 years old or older. In other words, younger people who are discriminated against based on their age probably don’t have legal recourse. Those aged 40 and over, though, can take legal action if they have been deprived of equal employment opportunities based on an employer’s actions that were taken solely based on the individual’s age. Age discrimination protections apply to every aspect of employment, too, from hiring to work assignments, promotions, and firing. It’s worth noting that the federal law on age discrimination only applies to those entities that have 20 or more employees.</p>



<h2 class="wp-block-heading" id="h-proving-your-age-discrimination-case">Proving your age discrimination case</h2>



<p>As with other forms of <a href="/practice-areas/discrimination/" target="_blank" rel="noreferrer noopener">discrimination</a> and harassment, building your case can be challenging. To better develop your position, document everything. Take notes of every discriminatory and harassing event, indicating when it happened, who was involved, what happened, and who witnessed the event. It’s also helpful to keep track of those individuals who have also been harassed or discriminated against, as well as those who can speak not only to the particularities of your case, but also to any aspects of the workplace culture that contribute to discrimination and harassment.</p>



<h2 class="wp-block-heading" id="h-don-t-be-afraid-to-seek-out-help">Don’t be afraid to seek out help</h2>



<p>Far too often, we see people turn a blind eye to the discrimination and harassment that has negatively affected them. These individuals often chalk their experiences up to something much more minor than it actually is, which leaves them with nothing more that a bad experience and what could be significant damage to their reputation and career.</p>



<p>But this doesn’t have to be the case. Instead, those who have been affected by age discrimination or harassment can take action to right the wrongs that have been unfairly thrust upon them. For help with that, these individuals can turn to experienced employment law professionals.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Texas man sues former employer after firing due to HIV status]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/texas-man-sues-former-employer-after-firing-due-to-hiv-status/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/texas-man-sues-former-employer-after-firing-due-to-hiv-status/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Mon, 23 Nov 2020 00:09:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>The country has come a long way over the past 30 years since passage of the Americans with Disabilities Act. Unfortunately, there remains a long way to go. Disability is still stigmatized, and the contributions of people with disabilities are underestimated and undervalued. In the workplace, many employers are likely to view an employee’s disability&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The country has come a long way over the past 30 years since passage of the Americans with Disabilities Act. Unfortunately, there remains a long way to go. Disability is still stigmatized, and the contributions of people with disabilities are underestimated and undervalued. In the workplace, many employers are likely to view an employee’s disability through the lens of what is inconvenient for the company rather than what is legally and morally right.</p>



<p>A good example is a lawsuit recently filed by a man in Texarkana, Texas, against the restaurant where he used to work. According to a complaint the man filed with the Equal Employment Opportunity Commission, he was fired from his job in the spring of 2019 simply because he is HIV positive. His suit alleges that this constitutes disability discrimination in violation of the Americans with Disabilities Act.</p>



<p>Cases like this are often hard to prove because employers don’t always need to cite a reason for firing. And even if they do, they may not disclose the real reason for termination, opting for a legally and socially acceptable pretense instead. But in this particular case, the plaintiff’s manager allegedly told him plainly that he was being fired because the company worried that his HIV status would negatively impact business and revenue.</p>



<p>HIV is now very treatable, and those with the disease are often able to live relatively normal lives as long as they are keeping up with medical requirements. One irony in this case is that the man didn’t need and wasn’t seeking any accommodations related to his HIV. He was allegedly fired simply because of perceived customer concerns,&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.texarkanagazette.com/news/texarkana/story/2020/oct/25/lawsuit-alleges-restaurant-fired-man-being-hiv-positive/846593/">according to news reports</a>.</p>



<p>If you are living and working with a disability, you have the right to expect reasonable accommodations at work as well as the basic respect of being able to do your job without baseless stigma from your employer. Should those rights ever be violated, please speak to an experienced employment law attorney in your area about your legal options.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Accommodations employers must make for religious practices]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/accommodations-employers-must-make-for-religious-practices/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/accommodations-employers-must-make-for-religious-practices/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Fri, 23 Oct 2020 22:43:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>People in Houston practice different religions. Also, people that practice the same religion may practice it in different ways. Some religions require certain styles of dress or require certain activities or prayer during the day. Most religions also have certain days throughout the year that they celebrate certain important events within the religion. These events&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>People in Houston practice different religions. Also, people that practice the same religion may practice it in different ways. Some religions require certain styles of dress or require certain activities or prayer during the day. Most religions also have certain days throughout the year that they celebrate certain important events within the religion. These events may require the people to not work or attend certain services or ceremonies. When these things occur, people may need to take time off work to observe them.</p>



<p>Employers may not always like it that certain employees where certain attire or need to take time off for certain religious events, but they cannot <a href="/practice-areas/discrimination/">discriminate</a> against them because of their religious practices. This means that they cannot treat them differently in ways that have adverse effects on their employment simply because of their religion. In addition to that they must also make <a href="https://www.dol.gov/agencies/oasam/civil-rights-center/internal/policies/religious-discrimination-accommodation" target="_blank" rel="noreferrer noopener">reasonable accommodations</a> so people can continue to work and practice their religion.</p>



<h2 class="wp-block-heading" id="h-reasonable-accommodations-by-employers">Reasonable accommodations by employers</h2>



<p>Employees must make accommodations unless the accommodations create an undue hardship on the employer. Examples of reasonable accommodations may be exceptions to the dress code, allowing days of for religious ceremonies, allowing breaks at different times for prayer and other ways to allow the employee to work and practice their religion.</p>



<p>Accommodations may cause undue hardships if the accommodation is too costly, affects job safety for everyone, infringes on other employees’ rights, forces other employees to do more hazardous work and other ways that make it very difficult on the employer or other employees.</p>



<p>People in Houston have a right to practice the religion they wish to practice. No matter what religion they practice though, they will also need to work in order to earn an income and provide for themselves and their families. If employers do not provide reasonable accommodations for employees to allow them to practice their chosen religion, they may be required to compensate the employee for the damages they cause. These are very complicated and fact-specific matters though and consulting with experienced attorneys could be beneficial.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Houston employer pays $225K to settle discrimination hiring suit]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/houston-employer-pays-225k-to-settle-discrimination-hiring-suit/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/houston-employer-pays-225k-to-settle-discrimination-hiring-suit/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Tue, 22 Sep 2020 22:51:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>A large number of antidiscrimination lawsuits are commenced and won by the United States Equal Employment Opportunity Commission. The results of these directly benefit only those employees whose rights were violated, but these cases provide important guidance for courts and lawyers and their clients about the kinds of claims that can be rewardingly pursued in&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A large number of antidiscrimination lawsuits are commenced and won by the United States Equal Employment Opportunity Commission. The results of these directly benefit only those employees whose rights were violated, but these cases provide important guidance for courts and lawyers and their clients about the kinds of claims that can be rewardingly pursued in private actions. A&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.insurancejournal.com/news/southcentral/2020/04/21/565707.htm">recent settlement</a>&nbsp;involving a Houston-area manufacturing company provides a helpful example.</p>



<h2 class="wp-block-heading" id="h-the-case">The case</h2>



<p>The case was commenced on behalf of a group of non-Hispanic applicants and job seekers who were not allowed to apply for a laborer position at the company. In its complaint, the EEOC alleged that the defendant violated federal non-discrimination laws because it systematically and routinely discriminated against a class of non-Hispanic applicants by refusing to accept their applicants for employment at the company. The EEOC further alleged that the discriminatory behavior was motivated by the ethnic and national background of the potential employees.</p>



<h2 class="wp-block-heading" id="h-the-settlement">The settlement</h2>



<p>The case was settled when the company and the EEOC agreed to the terms of a consent decree. The decree required the company to pay monetary compensation to the victims of the discriminatory actin in the amount of $225,000. The decree also required the employer to end its practice of excluding non-Hispanic applicants from its pool of job seekers and also to end its practice of word-of-mouth recruiting. The company also agreed to change its recruiting and outreach practices to comply with various non-discrimination rules and laws.</p>



<h2 class="wp-block-heading" id="h-lessons-learned">Lessons learned</h2>



<p>While this case involved non-Hispanic workers as victims of the alleged discrimination, it shows how the federal non-discrimination laws could be used to protect Hispanic or black workers if they were to become the victims of similar discrimination practices. An <a href="/practice-areas/discrimination/">experienced employment discrimination lawyer</a> can provide helpful guidance to persons who feel that they may be the victims of similar discriminatory policies.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Identifying pregnancy discrimination at work]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/identifying-pregnancy-discrimination-at-work/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/identifying-pregnancy-discrimination-at-work/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Thu, 23 Jul 2020 23:21:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>It can be joyous to discover you’re pregnant, so it’s natural to feel excited to share the news with the people in your life. However, many women feel they have to tread lightly in the workplace when revealing their big news, because they fear discrimination from their employer or colleagues. Sadly, in far too many&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>It can be joyous to discover you’re pregnant, so it’s natural to feel excited to share the news with the people in your life. However, many women feel they have to tread lightly in the workplace when revealing their big news, because they fear discrimination from their employer or colleagues. Sadly, in far too many cases, their hesitance and caution could mean the difference between making ends meet and struggling to survive.</p>



<p>The problem has grown significantly over the past few decades, with an&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.eeoc.gov/data/pregnancy-discrimination-chargeseeoc-fepas-combined-fy-1997-fy-2011">approximately 80% increase</a>&nbsp;having been recorded between 1992 and 2010. This is often attributed to the fact that women have not only begun entering the workforce in much greater numbers than in the past—currently, around 47% of the workforce is female—but have also been forced to work out of necessity, given the increase in single mothers rearing children alone.</p>



<p>So how can women spot pregnancy discrimination? It can be tricky, especially considering that it doesn’t require actually being pregnant to have discrimination lobbed at you. Here’s a breakdown of the most insidious forms of pregnancy discrimination:</p>



<ul class="wp-block-list">
<li><strong>Being passed over for a promotion or raise because of pregnancy –</strong>&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.eeoc.gov/fact-sheet/facts-about-pregnancy-discrimination">Title VII of the Civil Rights Act</a>&nbsp;protects against this.</li>



<li><strong>Dissolving or changing your job during a pregnancy leave –</strong>&nbsp;pregnancy must be treated like any other short-term disability, and pregnant women must be given the same rights as any other worker on disability, including accommodating work limitations for the duration of the pregnancy.</li>



<li><strong>Being asked to alter the original terms of the job or its duties –</strong>&nbsp;this could include having the hours or shifts changed, cutting back on hours, being asked to do a different job altogether, or even being asked to pay a higher insurance deductible or sacrifice PTO.</li>



<li><strong>Denying you the 12 weeks of unpaid leave you’re legally entitled to –</strong>&nbsp;under the Family and Medical Leave Act (FMLA), you’re entitled to take this time during any 12-month period, and to retain health benefits in addition to job retention.</li>



<li><strong>Not getting hired because of pregnancy, or even potential pregnancy –</strong>&nbsp;not only is it illegal to pass up a job candidate because of a pregnancy, it’s also illegal to refuse to hire someone who is presumed to be on the precipice of getting pregnant. Young women sometimes face this form of discrimination when an employer refuses to hire women of child-bearing age for certain jobs.</li>
</ul>



<p>If you suspect you’re being discriminated against because of pregnancy, you have legal options. An experienced attorney can help you establish a case and fight for your right to work.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Your timeframe for filing a discrimination claim]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/your-timeframe-for-filing-a-discrimination-claim/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/your-timeframe-for-filing-a-discrimination-claim/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Fri, 26 Jun 2020 23:28:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Nearly every issue that you may need to file a complaint or lawsuit concerning has a statute of limitations, which is the time frame in which you can file a complaint. If you are experiencing discrimination or harassment, it is important that you are aware of the statute of limitations so that you can seek&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Nearly every issue that you may need to file a complaint or lawsuit concerning has a statute of limitations, which is the time frame in which you can file a complaint. If you are experiencing discrimination or harassment, it is important that you are aware of the statute of limitations so that you can seek justice.</p>



<p>According the&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.eeoc.gov/time-limits-filing-charge">U.S. Equal Employment Opportunity Commission</a>&nbsp;(EEOC), there are 180 days in which you can take action concerning workplace discrimination. However, that statute of limitations is extended to 300 days if there are state or local laws that also prohibit the type of discrimination you are dealing with. This timeframe begins the day that you experience the discriminatory act.</p>



<p>Workplace harassment, while often linked to discrimination, is likely part an ongoing environment. Because of this, the statute of limitations begins at the most recent date that you experienced harassment and investigations will consider harassment that happened previously as well.</p>



<h2 class="wp-block-heading" id="h-texas-discrimination-laws">Texas’ discrimination laws</h2>



<p>Texas outlaws workplace discrimination.&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm">Chapter 21 of the Texas Labor Code</a>&nbsp;prohibits discrimination based on age over 40, sex, race, color, disability, religion or national origin. Houston specifically protects city workers from sexual orientation or gender identity discrimination.</p>



<h2 class="wp-block-heading" id="h-how-to-file-a-discrimination-or-harassment-claim">How to file a discrimination or harassment claim</h2>



<p>If you are experiencing discrimination or harassment at work, the first step is to notify your employer. You can file an official complaint with the EEOC in person, by mail or online. Then, the organization will investigate your claim. If it is necessary to take further action, you can also contact an attorney and take file a lawsuit against the offender.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[When does workplace bullying become harassment?]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/when-does-workplace-bullying-become-harassment/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/when-does-workplace-bullying-become-harassment/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Tue, 16 Jun 2020 23:30:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                    <category><![CDATA[Employment Law]]></category>
                
                    <category><![CDATA[Sexual Harrassment]]></category>
                
                
                
                
                <description><![CDATA[<p>A hostile working environment negatively impacts the productivity of employees. It can have detrimental effects on the overall morale and hinder a company’s sense of professionalism. And victims of a hostile working environment may suffer significant psychological and emotional harm. Of course, not all forms of negativity coincide with the attributes of a hostile working&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A hostile working environment negatively impacts the productivity of employees. It can have detrimental effects on the overall morale and hinder a company’s sense of professionalism. And victims of a hostile working environment may suffer significant psychological and emotional harm. Of course, not all forms of negativity coincide with the attributes of a hostile working environment.</p>



<p>Specifically, a hostile working environment is a legal term with which actions such as discrimination and harassment coincide. Simply experiencing negative behavior like bullying may not have legal implications. So,&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.usatoday.com/story/money/careers/career-advice/2019/03/05/hostile-work-environment-when-you-should-report-your-bad-boss-hr/3016488002/">how can you tell</a>&nbsp;if you are a victim of something more serious? Something&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.eeoc.gov/harassment">with legal implications</a>, that is.</p>



<h2 class="wp-block-heading" id="h-defining-unlawful-workplace-harassment">Defining unlawful workplace harassment</h2>



<p>An isolated incident, small remarks or general annoyances may be construed as bullying. But they are not necessarily harassment. Unlawful harassment occurs when unwelcome behaviors based on protected statuses lead to continued employment conditions or a hostile environment. These protected statuses are usually one’s race, sex, religion, color, disability or nationality.</p>



<p>Furthermore, a supervisor, co-worker or even a non-employee may be the harasser. It may be harassment if the harasser does one or more of the following:</p>



<ul class="wp-block-list">
<li>Uses slurs or makes offensive jokes</li>



<li>Physically threatens or intimidates you</li>



<li>Mocks or ridicules you</li>



<li>Interferes with your ability to work</li>



<li>Posts offensive objects or pictures</li>
</ul>



<p>Texas and the federal government take these matters very seriously. And employers who do not make strides to prevent <a href="/practice-areas/employment-law/harassment-hostile-work-environment/">unlawful harassment</a> may be liable for the actions of your harasser.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Companies must be careful in determining who returns to the office]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/companies-must-be-careful-in-determining-who-returns-to-the-office/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/companies-must-be-careful-in-determining-who-returns-to-the-office/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Mon, 15 Jun 2020 23:32:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>Businesses around the U.S. and globally are beginning to bring workers back to the office following the COVID-19 lockdown. Safety is a primary concern. Many companies have reconfigured their workspaces to increase social distancing and are limiting the number of employees that can be in the office at one time. Many workers enjoy the flexibility&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Businesses around the U.S. and globally are beginning to bring workers back to the office following the COVID-19 lockdown. Safety is a primary concern. Many companies have reconfigured their workspaces to increase social distancing and are limiting the number of employees that can be in the office at one time.</p>



<p>Many workers enjoy the flexibility of working from home, but there also are reasons why employees are eager to return to the office. Advancement may be one. As economist Nicholas Bloom explains, those workers who are not present in the office risk being passed over for promotions. “Out of sight, out of mind,” Bloom&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.pbs.org/newshour/show/are-american-employees-better-off-working-from-home">told PBS NewsHour</a>&nbsp;recently in a report on working from home.</p>



<p>If working in the office can have a direct correlation on advancing within a company, then how businesses determine who should be in the office and who should continue to work from home must be dealt with carefully to avoid disputes, including possible discrimination lawsuits.</p>



<h2 class="wp-block-heading" id="h-antibody-tests-could-be-risky-territory">Antibody Tests Could Be Risky Territory</h2>



<p>According to news reports, some businesses, particularly in the service industry, are relying on medical science to help determine who can safely return to the workplace. Companies are taking employees temperature before shifts. Another possibility is relying on antibody tests to see who has already been infected with the virus and thus, may have enough antibodies to be immune. Some governments have even mulled issuing “immunity passports” for those who test positive.</p>



<p>However, most scientists agree that it has it not been proven that recovering from COVID-19 produces enough antibodies to result in long-term immunity. And <a href="https://www.cnn.com/2020/05/12/business/coronavirus-antibody-test-discrimination-intl-gbr-scli/index.html" target="_blank" rel="noreferrer noopener">legal experts</a> say companies that rely on antibody testing to determine which workers are able to return to the office could be exposing themselves to a <a href="/practice-areas/discrimination/" target="_blank" rel="noreferrer noopener">discrimination lawsuit</a>, as antibody status is not currently considered a protected characteristic under anti-discrimination law.</p>



<p>Companies must also be careful not to discriminate against older workers by preventing them from returning to the office because their age group is at higher risk of death or serious health complications from the coronavirus. It’s a difficult situation for employers. Even when they’re looking out for their workers, they could subject themselves to legal problems.</p>
]]></content:encoded>
            </item>
        
            <item>
                <title><![CDATA[Lawmakers push anti-discrimination protection for LGBTQ Texans]]></title>
                <link>https://www.houstonemploymentlawgroup.com/blog/lawmakers-push-anti-discrimination-protection-for-lgbtq-texans/</link>
                <guid isPermaLink="true">https://www.houstonemploymentlawgroup.com/blog/lawmakers-push-anti-discrimination-protection-for-lgbtq-texans/</guid>
                <dc:creator><![CDATA[TB Robinson Law Group]]></dc:creator>
                <pubDate>Tue, 02 Jun 2020 23:36:00 GMT</pubDate>
                
                    <category><![CDATA[Discrimination]]></category>
                
                
                
                
                <description><![CDATA[<p>A small but bipartisan group of Texas legislators is sponsoring a bill that would expand the state’s anti-discrimination laws to include members of the LGBTQ community. The lawmakers are pushing the bill as an economic boost for Texas. Though Texas law prohibits employment discrimination on the basis of things like race, gender, age and country of origin,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>A small but bipartisan group of Texas legislators is sponsoring a bill that would expand the state’s anti-discrimination laws to include members of the LGBTQ community. The lawmakers are pushing the bill as an economic boost for Texas.</p>



<p>Though Texas law prohibits <a href="/practice-areas/discrimination/">employment discrimination</a> on the basis of things like race, gender, age and country of origin, discrimination based on sexual orientation is allowed. For example, an employer can refuse to hire an otherwise qualified job applicant because they are gay. That same company’s management could consistently give an employee the worst client lists because they are trans.</p>



<h2 class="wp-block-heading" id="h-a-moral-issue-and-an-economic-one">A moral issue — and an economic one</h2>



<p>Rather than focusing on the discrimination LGBTQ people deal with in the workplace, housing, and public accommodations, the lawmakers behind the bill are pitching it as&nbsp;<a target="_blank" rel="noreferrer noopener" href="https://www.reformaustin.org/texas-legislature/texas-lawmakers-push-to-pass-nondiscrimination-act/">an economic drain on Texas</a>. State Rep. Jessica González, the bill’s sponsor, is pointing to a new study that suggests the lack of discrimination protection hurts the state’s tourism industry and business investments. The study suggests that banning discrimination against LGBTQ individuals would add $19.8 billion to state gross domestic product by 2025, and add more than 180,000 jobs.</p>



<h2 class="wp-block-heading" id="h-the-state-of-the-law">The state of the law</h2>



<p>Rep. González has five co-sponsors joining her in the House. But despite this early show of support, the bill could have a tough time becoming law. Currently, 21 states and the District of Columbia have laws protecting government and private sector workers based on sexual orientation and gender identity. Federal law has no such protection.</p>



<p>Several Texas cities, including Dallas, San Antonio and Austin, have local ordinances protecting LGBTQ workers. But Houston does not.</p>



<p>You do not have to take illegal workplace discrimination without a fight. But standing up for your rights can require a legal fight. To learn more, bring your questions to an employment law attorney.</p>
]]></content:encoded>
            </item>
        
    </channel>
</rss>