Wichita Falls, TX – Workers in Texas and other states are protected from discrimination. These protections are activated in situations where employers take action against someone for a quality related to who they are, rather than things that they have done. Discrimination attorneys can assist workers who believe that their employer is acting illegally, and provide remedies such as financial compensation through a civil lawsuit.
Civil rights laws and protected classes
Discrimination laws and other civil rights laws protect people from mistreatment based on the fact that they are members of protected classes. This normally includes race, religion, gender, and national origin. However, some protections may also apply to pregnant workers and other situations as well. The plaintiff must show that they are a member of a protected class when filing a lawsuit, although these protections apply to essentially everyone.
The worker was not fired or disciplined for a legitimate reason such as job performance
Employers are allowed to terminate workers or take adverse actions if they do so for neutral reasons such as financial concerns, the worker’s performance, criminal actions while on the job, and violations of company policy. In most legitimate discrimination cases, the worker has performed in an acceptable manner, and they are surprised by the employer’s sudden decision to terminate them or take other disciplinary actions. If the employer has not used one of these neutral reasons to eliminate the worker’s position or discipline them, this can be considered evidence of discrimination.
Different treatment from other employees
Another important element of a discrimination case is to show that the worker was treated different from others in a similar situation due to their membership in a protected class. There may be evidence of other workers with the same or comparable job duties who were not disciplined or still retained their positions. Things such as improper pay practices based on the worker’s membership in a protected class can be relevant as well.
Performance reviews as a pretext for discrimination
Workers should also be aware of potential issues with discrimination if they suddenly find that they are receiving negative performance reviews. In some situations, poor scores on a performance review may even be used as justification for termination of the person’s position. Because many times these reviews are totally subjective, they are useful for employers who want to have a reason to engage in discrimination, but the reviews will appear legitimate on the surface.
Labor attorneys in Texas
Moore and Associates is an employment law firm that works with clients throughout Texas, including Wichita Falls. Their attorneys focus on cases related to overtime law, unpaid wages, discrimination, and sexual harassment.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002