When does discrimination occur in workplaces in New Braunfels?

New Braunfels, TX – Some workers may find that they suddenly lost their job for an unexpected reason. There may be issues related to discrimination present, but there are also other times when discrimination can occur aside from a job loss. Workers can review various actions that may seem discriminatory with the assistance of a lawyer to see if it is necessary to bring a lawsuit to protect their rights.

Employment decisions and interviews

It is possible that discrimination can happen before a person is employed, or even if they never become an employee of the company. If a person is denied a job due to a protected characteristic such as race, gender, or religion, this is still a form of workplace discrimination. Depending on the situation, this can occur as early as the interview stage of hiring.

Wage issues

When a person is paid less for a discriminatory reason, this is legally actionable as well. The most common form of wage discrimination is based on gender, however employers can also engage in various other kinds of illegal pay practices. Victims of wage theft and other issues with unpaid wages can sue for the total amount that was lost due to illegal pay practices.

Performance reviews

Many companies conduct performance reviews of all employees either annually or at other times. While this may seem like an objective measure to determine how well the person is performing, it can also be used as a pretext for discrimination. This is especially true if the person has had good performance reviews for years, then they are suddenly disciplined or terminated due to an unfavorable performance review without a corresponding actual change in performance.

Hostile work environments

When a worker is constantly mistreated based on their membership in a protected class, this is considered a hostile work environment. A hostile work environment is usually at issue in a sexual harassment lawsuit, however other forms of severe or long term mistreatment can become a form of discrimination as well. The analysis in a hostile work environment is based on whether any reasonable worker placed in the same environment would have their ability to work normally affected.

Disabilities

Workers who have disabilities receive special protections through the Americans with Disabilities Act. This prevents employers from treating any worker unfairly due to their disability, and certain other accommodations must be made as well.

Information from a labor attorney

Moore and Associates is a firm that works on labor and employment law issues in Texas, including the city of New Braunfels. Workers who need advice from an attorney can schedule a meeting with the firm to get advice and guidance.

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775