Pennies and an expletive

In its employment law claim filed in federal court in Georgia, the USDOL claimed that the employee made a wage complaint after he resigned, and the employer did not pay his final wages. In retaliation, according to the USDOL, the employer paid his final wages of $915 by delivering thousands of these oily pennies to the worker’s home accompanied by an expletive written on the final pay stub.

The pennies blocked and stained his driveway and took almost seven hours to remove. Moreover, the company was also charged with publishing defamatory statements about that employee on its website.

Lawsuit

In its federal lawsuit, the USDOL is seeking $36,971 in back wages and liquidated damages against this business for allegedly violating retaliation, overtime, and recordkeeping provisions of the Federal Labor Standards Act.

The USDOL claimed this business violated FLSA’s overtime requirements by paying other employees straight time for all the hours they worked, failed to pay overtime rates when they worked more than 40 hours in a workweek, and did not keep adequate and accurate pay rate and work hour records. The USDOL wants to permanently enjoin this business from future FLSA violations involving retaliation, overtime, and recordkeeping.

Laws

Federal law protects workers who engage with or make oral and written complaints with the USDOL from retaliation. Workers may obtain information from the USDOL about their workplace rights without being harassed or intimidated.

Employers violate the FLSA if they discharge or discriminate against workers who file complaints under FLSA or testify or participate in related proceedings. Most courts have also found that internal complaints to employers are protected against retaliation under federal law.

Federal and Texas laws protect workers from retaliation from reporting violation of wage, safety, discrimination, harassment, and other workplace laws.  Attorneys can assist workers who face illegal workplace retaliation and help them pursue private legal action.

What is religious discrimination?

Religious discrimination in the workplace involves treating a worker differently based on the worker’s religion. For example, if an employer fires a worker, pays the worker less than similarly situated peers, looks a worker over for a promotion based solely on the worker’s religion or makes any other adverse employment decision based on a worker’s religion this may constitute discrimination. Federal law prohibits employers from engaging in religious discrimination.

Harassment based on religion is also prohibited under federal law. This may include making offensive remarks that are so frequent or severe that they result in a hostile workplace or an adverse employment decision. Your boss, co-workers or even customers can all commit illegal harassment.

What is a reasonable accommodation?

Under federal law, employers must provide a reasonable accommodation to workers whose religious practices affect their job. For example, shift switches, flexible scheduling, allowing for religious dress in the workplace and minor changes to workplace policies are all examples of what, in some situations, could be considered a reasonable accommodation.

However, employers need not provide a reasonable accommodation if doing so would impose an undue hardship on their business operations. For example, if an accommodation is too costly for the business, makes the workplace unsafe or requires other workers to do more than their fair share of dangerous work, these accommodations may be considered an undue hardship that the employer need not grant.

Many Texans have strongly held religious beliefs. However, no one should face employment discrimination due to their religious beliefs and practices. Fortunately, the law provides protections and remedies should religious discrimination in the workplace occur.

While there are many different ways that sexual harassment can occur, there are two main categories of sexual harassment. One is known as quid pro quo harassment and the other is hostile work environment harassment.

Quid pro quo harassment

This type of sexual harassment occurs when employment decisions are being made based on the employees’ responses to sexual advances. This could be firing or demoting an employee when they resist sexual advances or offering promotions or pay increases in exchange for sexual favors.

Hostile work environment harassment

This harassment occurs when the interactions between co-workers or clients are inappropriate, general sexual comments being made, sexual jokes being made,  photos or videos of a sexual nature being shared at the workplace, unwanted touching and other actions that create an uncomfortable and offensive work environment. For it to be a hostile work environment though, it has to be more than an occasional comment. It must be persistent and consistent enough that a reasonable person would find hostile.

Employees who experience either type of sexual harassment may be able to help hold the offenders accountable for their actions and also be compensated for the damages they suffer as a result.

Sexual harassment can come in many different forms and there are many victims of sexual harassment in the Houston area. These victims have rights and should not be subjected to this type of harassment. These are very fact-specific cases though and it is not always easy to prove. Experienced attorneys understand the facts needed to prove these matters and may be able to guide one through the process.

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 discriminate 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.

Application questions and test that are discriminatory

Employers cannot ask questions that are designed to determine 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.

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.

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.

The harassment can put undue pressure on employees, cause them anxiety and other emotional and mental anguish. This makes it not only difficult to work, but can cause problems in other areas of people’s lives as well.

Employees Are Protected Against Retaliation

That is why sexual harassment is not allowed and should not occur in the workplace. People may know that there are protections for the victims of sexual harassment, but there are also protections for employees who help the victims of sexual harassment.

If another worker reports sexual harassment, speaks out against it, or assists in the investigations, they cannot be retaliated against for standing up to sexual harassment.

What Are Examples of Retaliation for Reporting Sexual Harassment?

Retaliation can include:

• Being fired
• Being demoted
• Not receiving promotions they deserve
• Having their hours or pay cut
• Being transferred to a less desirable location
• Being left out of meetings they used to be involved in
• And other adverse effects at the workplace

What Damages Are Available in a Retaliation Case?

If people experience any form of retaliation after being involved in a sexual harassment claim, they could be entitled to compensation for the damages they suffer as a result.

This could be receiving the:

• Pay they lost
• Benefits they may have lost
• And other damages they suffered as a result of the retaliation

Sexual harassment should not be occurring in workplaces in the Houston area, but unfortunately, it still does occur and there are many victims of the harassment. To help put a stop to it, victims may need their co-workers to help with investigations or help them resist the harassment in other ways.

These co-workers need to feel free to help. If they experience retaliation as a result, they may be entitled to compensation. These can be complicated matters though and consulting with experienced attorneys can be beneficial.

Call the TB Robinson Law Group, PLLC at (713) 568-1723 or send us an email to schedule a consultation.

The lawsuit

Over the summer, the company faced a lawsuit from both the California Department of Fair Employment and Housing and U.S. Equal Employment Opportunity Commission. 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.

The end of the lawsuit

In September, Activision Blizzard agreed to settle the case. 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.

Mandatory arbitration agreements

In another move to change their company’s culture, Activision Blizzard, 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.

It is hard to change company culture

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.

If you’re in that situation after being subjected to sexual harassment, then you might be wondering what you can do to find accountability. A lawsuit could help you obtain that outcome while also assisting you in recovering compensation, but these cases are often aggressively fought against. This means that you need to know what you can do to better bring the fight to your employer, amplify your voice, and maximize your chances of achieving a favorable outcome.

Building your sexual harassment case

Regardless of how obvious the sexual harassment that you were subjected to may seem, you have to be thorough and detailed in the presentation of your case. This means that you have to be diligent in building your case. Here are some things that you can do now to ensure that you have the best case possible moving forward:

• Identify and talk to witnesses: This is a basic first step, but it’s an important one that you shouldn’t overlook. There are probably a number of co-workers who have seen the harassment to which you’ve been subjected, and they may have been subjected to similar treatment. This testimony can be powerful in your sexual harassment claim, especially if the behavior in question was prevalent and had been brought to your employer’s attention previously.
• Write down experiences shortly after they occur: Our memories tend to get fuzzy over time, which can be a disservice to you and your claim when it comes to recounting instances of sexual harassment. That’s why it’s best to write down every incident of sexual harassment shortly after it occurs. The more detail you can provide, the more compelling your case will be. The same holds true in regard to your communications with your employer. You want to be able to paint a picture of how your employer responded to your complaints of sexual harassment, as this could be key to your case.
• Build up your employment record: In most sexual harassment cases, the employer claims that it made an adverse employment decision not out of retaliation, but rather due to the employee’s poor work performance. Therefore, you should do everything you can to counter that argument, including retaining your work appraisals, keeping emails that praise your work performance, and building up a strong attendance record.
• Prepare yourself to hold strong: As you pursue a sexual harassment and/or retaliation claim, you need to be prepared to have your character attacked and your claim minimized by the other side. This can be emotionally draining, and it might make it all the more tempting to take a settlement offer. But you need to stay strong if you want to find accountability to the fullest extent possible. Prepare yourself for the emotional burden and know when a settlement offer isn’t in your best interests.

Do you need an ally on your side?

The fight to bring sexual harassment to an end in your workplace can be a lonely endeavor. But your fight in the courtroom doesn’t have to be. Employment attorneys who are experienced in this area of the law stand ready to help you amplify your voice and fight for the compensation that you need and deserve. If you’d like to learn more about how to go about doing that, then please continue to browse our website to see what we have to offer.

The racism allegations

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.

The EEOC complaint

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.

Illegal harassment

The racial harassment experienced in this case is known as hostile work environment harassment. 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.

Among other obligations, DFPS investigates allegations of child abuse and neglect and also is responsible for the care and protection of children who have been abused or neglected. Its role extends to protecting vulnerable adults as well.

The suit, which was filed in a Harris County court, alleges that the manager subjected a woman who reported to her to years of sexual harassment. The woman starting working with him in 2018 after getting a promotion. Her employment ended in early 2020.

To summarize, the lawsuit described how the manager would tell sexually suggestive jokes. He also repeatedly made romantic advances toward the woman, forcing the woman to make changes in plans on official trips so she was not staying in the same hotel. He also made unwanted phone calls and texts to her.

This is not the first time this manager has been accused of sexual harassment. Another victim came forward in 2019.

Public employees should not have to tolerate sexual harassment

Through its many government agencies, the State of Texas employees tens of thousands of people, as many as a very large corporation.

Likewise, local governments within Texas employ hundreds of thousands more people. The federal government also has a strong presence in Texas.

Public employees have the same rights to be protected from sexual harassment and a hostile work environment as do employees in the private sector.

If a public employer fails to respect these rights, a victim may be able to seek compensation for damages, including non-economic losses like emotional distress.

The Fair Labor Standards Act

The Affordable Care Act (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.

Bathrooms not included

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 FMLA leave (12 weeks), this means that this entitlement is still ongoing for at least another 40 weeks.

What kind of space is required?

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.

Are the breaks paid?

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.

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.

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.”

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.

Assessing your options

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 disability discrimination overview section of our website.

Important protections afforded to those who are pregnant

Discrimination on the basis of pregnancy, childbirth or a related medical condition is considered unlawful discrimination based on sex and is prohibited. Workers who are experiencing pregnancy or a pregnancy-related medical condition must be treated in the same way as any other employee or applicant for employment with similar abilities or limitations.

An employer cannot refuse to hire a woman because of her pregnancy-related medical condition as long as she is able to perform the major functions of the job. Employers are prohibited from discriminating against job applicants on the basis of their pregnancy or pregnancy-related medical condition.

There are a variety of different types of pregnancy discrimination that are prohibited. Employers cannot single out pregnancy-related medical conditions to determine the worker’s ability to work. Employers must use a similar procedure to determine the ability of a pregnant employee to work as they use to determine the ability of other workers to perform the duties of their job.

In addition, pregnant employees must be permitted to work as long as they are able to perform their jobs. Employers must also leave open a job for a pregnancy-related absence for the same length of time they would leave open a job for an employee on sick or disability leave.

Federal and state employment laws provide essential protections to pregnant workers and other workers when they are discriminated against in the application and employment process. For that reason, pregnant employees should be familiar with protections against discrimination.

As it turns out, American employees believe a bad workplace environment is management’s responsibility. A Gallup survey from February of this year showed that 70% of employees believe that a manager is to blame for a toxic work environment that contributes to worker disengagement. In the survey, more than half were looking for a new job or open to a new one.

How does the law define a hostile work environment?

Federal law defines a hostile work environment as the harassment by one individual toward another that creates workplace conditions that are intimidating, hostile or abusive, or when facing this treatment is a condition of continued employment. The law also prohibits harassment or termination in retaliation for a harassment complaint, inquiry, testimony or filing.

Offensive conduct may include off-color jokes, racial slurs, threats, physical intimidation, insults or ridicule, and may occur when:

• the harasser is a superior, co-worker, agent or non-employee
• harassment of another affects another co-worker
• harassment is chronic and does not involve economic injury or job termination

In its recommendations, the EEOC encourages management to foster a positive environment by clearly stating a zero-tolerance policy for such behavior and establishing a complaint or grievance process.

Who is responsible in a harassment claim?

Regardless of who the individual is who is discriminating against or harassing another person, it is the employer who will be held liable, both under federal and Texas state laws. The charges against them may include creating or being the source of hostile work conditions. A harassment claim may seek compensation for:

• loss of pay
• cost of a new job search
• medical bills
• pain and suffering

The court may also assess punitive damages to the employer as a deterrent against similar future actions. For Houston residents who have experienced workplace harassment or discrimination, it is important to find out how the law protects their rights when pursuing a claim. And if you need a Huston employment lawyer to help you through your claim, TB Robinson can help

While restaurants struggle to stay open in Houston and other parts of the country, shifting their hours of operation to comply with health regulations or to manage operations with fewer workers, employers are sometimes unaware of these laws or will ignore them altogether. These wage violations misuse FSLA exemptions or misinterpret minimum wage and overtime requirements for their bartenders and servers, misapplying tip credit or tip pooling.

Tip-pooling and other wage violations in Texas

Because employers often either do not understand how tip income works in order to comply with federal and state law, or intentionally withhold or misinterpret the provisions, it is important to know what protections there are for food service workers in the Lone Star State.

Some frequent wage theft violations can occur when the employer:

• does not cover the difference between hourly wages and minimum wage. Food service workers must receive the federal and state minimum wage of $7.25 per hour. The employer may pay workers an hourly minimum of $2.13 as long as at least the remainder, or $5.12, comes from earned tips. If earned tips do not cover the difference, Texas law requires the employer to cover the difference.
• charges a service fee on earned tips.
• withholds tips when the worker did not agree to a tip-pooling arrangement
• delays paying tip income, citing credit card payment delays.
• does not pay minimum wage to a worker who works both in a tipped position and a nontipped position.
• does not calculate the base rate when applying time-and-a-half

Knowing your rights and fighting for them

When it comes to wage theft or wage and hour disputes, many workers either fear they will lose their job or that they will face retaliation or discrimination from the employer if they question their pay. It is important to know that there are laws in place and a legal process that allows workers to address unfair labor practices.

Protections against employer retaliation

Employers who have been retaliated against need to be familiar with what is considered retaliation and how they can establish a claim for workplace retaliation. To establish a claim for employer retaliation, the worker needs to show:

• They engaged in protected activity. Protected activity can include complaining about the employer’s illegal discrimination, participating in a complaint concerning an employer’s illegal activity or participating in an investigation into prohibited activities the employer is engaging in.
• They were punished in some way such as they were terminated, which can be considered wrongful termination, they were denied a promotion, they were denied benefits, they were demoted or their hours were cut.
• The punishment or negative action the employee was subjected to by the employer must have resulted from the employee’s participation in some protected activity.

Ways that employees can establish that they were fired for engaging in a protected activity can include demonstrating that they were in line for a promotion but were removed from consideration. If they can also demonstrate there was no other reason for them to be removed from consideration for the promotion, they may have a claim for unlawful retaliation.

Employees are protected from retaliation and unlawful termination in certain circumstances. Employers may think they can fire an employee for any reason but that is not always true. They cannot fire an employee for participating in a protected activity.

Remote work and sexual harassment

The flexibility of working from home has been beneficial for both employers and employees. While there are positives to this work model, there are setbacks and negatives. While one would presume that sexual harassment would not occur in a remote setting, there have been reports of incidents occurring throughout the nation.

Sexual harassment is not exclusively inappropriate or unconsented physical touch. Moreover, most workplace harassment isn’t physical. Sexual harassment in the workplace could look like inappropriate remarks or gestures. In a remote work world, this could be calling at odd times or putting inappropriate pictures in the background during a video call.

Current issue

Based on a national database, there were a total of 125 complaints of sexual harassment of women in the workplace in 2021 so far. In 2020, there were a total of 201 complaints. While this is lower than the 330 complaints received in 2019, those complaints were received when most employees were still working in the office. While the number of complaints has decreased, this illustrates that the problem still persists in the work from home era. It also suggests that sexual harassment may be more difficult to identify and report in a remote work setting.

Employees should feel safe in the work environment whether it is in the office, work site or at home. Therefore, if a worker believes that they are being subjected to discrimination or sexual harassment, it is important that they understand their rights and options to address the matter. Additionally, they could seek damages for the harms suffered through a legal action.

In far too many circumstances these individuals face negative employment actions like demotion, reassignment, or even termination. Their workplace can be hostile and uncomfortable, and they may be ridiculed incessantly. This is wholly unacceptable and should be stopped immediately.

Restaurant workers face high rates of sexual harassment

One of the industries that sees the highest rates of sexual harassment is the restaurant industry. Here, more than 40% of workers indicate that they have seen an increase in the amount of sexualized comments made by customers in their workplace over the last year or so, and another 25% state that they have been subjected to or witnessed a significant increase in the amount of sexual harassment that has occurred in their place of employment. These workers are amongst those that need to consider legal action.

This problem isn’t new in the restaurant industry, though. In fact, a 2018 study found that 90% of women and 70% of men reported being subjected to some form of sexual harassment while working in the field. But why are these rates so high?

Why sexual harassment occurs more frequently in the restaurant industry

There are a lot of reasons why restaurant workers are subjected to higher rates of sexual harassment. To start, much of a waiter or waitress’s wages are based on tips. Therefore, these workers are less likely to report sexual harassment by customers out of a fear of losing income.

Additionally, although a lot of businesses operate under a “the customer is always right” mentality, restaurants do so to an extensive measure. In order to keep business up, managers are less likely to directly confront customers who engage in inappropriate behavior. After all, these managers are often tasked with increasing revenues for the business.

Building your sexual harassment claim

If you work in the restaurant industry and feel like you’ve been subjected to sexual harassment, then you need to be bold and take the action that is oftentimes necessary to have your voice heard. This oftentimes means taking legal action. But before doing so, you may want to consider diligently building the evidence that you need to support your claim. This means talking to witnesses and gathering their contact information; taking notes of each instance of sexual harassment, being sure to write down every detail of the event; and keeping all communication from your supervisor and human resources department.

You’ll also want to be prepared to defend your work record. In a lot of sexual harassment cases, employers argue that they took a negative employment action because of the employee’s poor performance. Therefore, it’s a good idea to have your work appraisals and witnesses that can speak to your true work performance.

We’re here to help you stand up for your rights

You have the right to work in an environment that is safe and free from discriminatory and harassing behavior. When your employer fails to provide you with that protection and retaliates against you for reporting it, then you should stand up and make sure that you put an end to the egregious behavior and secure what is rightfully yours. We know that can sound daunting, but you don’t have to be afraid. Attorneys like those at our firm stand ready to zealously advocate on your behalf so that your voice can be heard and your future can be protected.

However, this does not mean that Texans do not have protection from workplace retaliation.

Many workers in the Houston area who feel like they were disciplined or fired for trying to speak up about improper conduct or otherwise do the right thing may actually have legal options depending on the circumstances.

They should consider speaking to an experienced employment law attorney before assuming that nothing can be done.

For example, public employees in Texas have broad protections should they choose to report illegal conduct to the appropriate authorities.

Likewise, an employee may be protected if he or she has signed a contract for employment and that contract offers protection against retaliation.

Private employees may have whistleblower protection under state and federal law

Private employees have more limited whistleblower protections, but these still apply to a number of situations.

For example, Texas workers enjoy the right to report child abuse and neglect. This right may be especially important for those who work in professions like childcare and education.

Many healthcare employees also enjoy protection when they are reporting violations of various laws meant to keep patients safe and healthy.

Under both state and federal law, Texans may report employment discrimination.

Likewise, there are protections for reporting violations of laws and regulations meant to ensure workplace safety. On a related point, a Texas employer is not allowed to punish an employee for filing a claim for workers’ compensation benefits.

Other state and federal laws may also apply to an employee’s situation.

Understanding the basics of disability discrimination

The Americans with Disabilities Act (ADA) and Texas law requires 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.

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.

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.

Recognizing disability discrimination and understanding the available options

Workplace discrimination 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.

T-Mobile employee says she faced workplace abuse and inappropriate questions

A woman who worked as a sales representative at a T-Mobile store has filed a lawsuit 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.

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.

Those victimized by workplace wrongdoing should be protected

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 workplace discrimination, 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.