Workplace Discrimination in El Paso, TX

Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced El Paso, Texas workplace discrimination attorney can help. Find out how.

What Is Workplace Discrimination?

Discrimination in the workplace deals with unfair treatment. These laws can vary, depending on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.

El Paso, Texas Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying acts of discrimination. For instance, say the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may be able to file a claim.

Here are some of the most common types of discrimination that occur in the El Paso, TX work environment:

• Choosing not to hire someone because of their disability
• Choosing not to promote someone because of their race
• Excluding someone from a project because management says they’re too old
• Making misogynistic comments about women
• Deliberately paying men more than women because the boss values their work more

Should You File a Complaint With the HR Department or the EEOC?

Most El Paso, TX companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.

Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.

The EEOC’s El Paso Area Office investigates complaints in El Paso. Once you file your complaint, the EEOC will send a copy to your employer within 10 days. Before investigating, the EEOC will offer mediation to you and your employer. The EEOC will attempt to keep the case out of court with a possible settlement. However, if the EEOC finds evidence of discrimination, they do have the authority to take your employer to court.

What Laws Protect Against Discrimination in the Workplace?

There are federal workplace discrimination laws that help to protect employees. On a federal level, El Paso employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protections.

Let’s use an example. California is the first state where ethnic hair and the right to wear it naturally became a right with protections. In other states, employers may discriminate against natural hair because it is part of racial discrimination. 

El Paso employees enjoy legal protection from discrimination at work. According to the National Conference of State Legislatures, the Texas Fair Employment Practices Law prohibits employment discrimination based on a number of protected classes. These include ones race, color, disability, religion, sex, national origin, ancestry, and age. Sex includes pregnancy, childbirth, and related medical conditions. Keep in mind, an El Paso employer cannot consider race and color part of the bona fide occupational qualification exemption.

Title VII of the Civil Rights Act of 1964

This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.

Under Texas Code, the Texas Workforce Commission (TWC) is responsible for investigating employment discrimination complaints in El Paso. Additionally, the City of El Paso accepts discrimination complaints based on violations of the American with Disabilities Act.

Other Notable Applicable Federal Discrimination Laws

• Equal Pay Act (EPA) – Deals with equal pay act for men and women
• Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
• Americans with Disabilities Act – Protects employees with physical disabilities

Examples of State Workplace Discrimination Laws

• Texas: The Texas Equal Pay Act requires that all women employed by the state receive the same pay as men performing the same work. Texas does not currently have a specific law requiring private employers to offer equal pay to men and women. However, the general discrimination protections in the Fair Employment Practices Law provides private-sector employees in El Paso with some protection.

• California: The CROWN Act – Bans employers from discriminating against ethnic hair.
• New York: Human Rights Law – Prohibits discrimination.. Includes expansions to include ethnic hair, sexual orientation, and gender identity as characteristics with protections
• Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against disabled people who rely on service animals

What Is the Workplace Discrimination Process Like?

Filing a claim for workplace discrimination in El Paso, Texas can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics with protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.

Filing a Claim

When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.

El Paso, TX claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone with involvement in the issue.

Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.

Investigating the Claim

The investigation may involve interviewing the El Paso employee, employer, other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did, in fact, take place. The next step is generally to work for settlement or mediation. For this reason, both parties may have an incentive to work out a compromise.

Still, it might be necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot reach a settlement on the employee’s behalf. If that’s the case, an attorney issues what is known as a “Right To Sue” letter. This letter gives the employee suffering from discrimination the right to sue on their own accord.

Under Texas legislation, you can file a state lawsuit in El Paso if the Texas Workforce Commission (TWC) dismisses your state claim. Be aware, you must typically file your court case within 60 days of the TWC dismissal. If you have exhausted the appeal process with the EEOC, you have the right to file a lawsuit in federal court. Keep in mind, you have only 90 days to file your lawsuit once the EEOC gives you a Notice of Right to Sue.

Work With an Experienced Workplace Discrimination Lawyer In El Paso, Texas

Consider hiring a El Paso lawyer who specializes in discrimination as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.

If you are considering a lawsuit an attorney becomes even more necessary. El Paso, TX discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.

If the court rules in your favor, you might become entitled to several different compensatory benefits:

• Back pay
• Promotion
• Reinstatement
• Front pay
• Reasonable accommodations
• Payment of attorneys’ fees, court costs, and expert witness fees

Are you ready to find out if you are eligible for these benefits in El Paso? Start with a case review.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!