Employment Discrimination Lawyers & Attorneys in Austin

Sexual Harassment is illegal in Texas  and violates both state and federal law.  Sexual harassment can be  verbal or physical conduct that is sexual in nature, and may include the  following:

Unwanted sexual advances;

Sending sexually suggestive emails or displaying sexual content on a computer screen;

Discussing graphic sexual conduct or acts;

Conditioning employment benefits/opportunities in exchange for sexual favors;

Sexual jokes or derogatory comments; or

Physical touching of any body parts.

State and federal law also prohibit employers from retaliating against an employee who complains about sexual harassment.

A victim of sexual harassment can be  male or female, and the harasser does not have to be of the opposite  sex.  The harasser can be any other employee that you work with,  including a co-worker or supervisor.  If you believe that you have been  sexually harassed at work, it is important to complain internally to  human resources or other individual(s) designated by your employer to  handle employee complaints.  It is also important to document any and  all events that you believe constitute sexual harassment to best protect  your rights.

There are certain time limitations for  filing a complaint based on sexual harassment.  Under state law, the  Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  harassment.  Under federal law, Title VII of the Civil Rights Act of  1964, an individual must file a complaint no later than 300 days after  the most recent occurrence of harassment.  Therefore, it is imperative  that you contact a knowledgeable employment attorney as soon as  practicable.

Logan Howard Law has extensive experience in claims involving sexual harassment and can advise you of  your legal rights and help you pursue a claim against your current or  former employer.

Discrimination  based on a person’s gender is illegal in Texas and violates both state  and federal law.  Gender discrimination may include the following:

Sexist comments or jokes;

Failing to hire an individual based on that individual’s sex/gender;

Creating a hostile work environment for individuals of a certain gender;

Denying an employee a pay raise or promotion based on that individual’s sex/gender; or

Providing an employee with negative performance reviews based on that individual’s sex/gender.

State and federal law also prohibit employers from retaliating against an employee who complains about gender discrimination.

A victim of gender discrimination can  be of any race.  The harasser can be any other employee that you work  with, including a co-worker or supervisor.  If you believe that you have  been discriminated against based on your gender, it is important to  complain internally to human resources or other individual(s) designated  by your employer to handle employee complaints.  It is also important  to document any and all events that you believe constitute gender  discrimination to best protect your rights.

There are certain time limitations for  filing a complaint based on gender discrimination.  Under state law, the  Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  gender discrimination.  Under federal law, Title VII of the Civil Rights  Act of 1964, an individual must file a complaint no later than 300 days  after the most recent occurrence of gender discrimination.  Therefore,  it is imperative that you contact a knowledgeable employment attorney as  soon as practicable.

Discrimination  based on a woman’s pregnancy is illegal in Texas and violates both  state and federal law.  Pregnancy discrimination may include the  following:

Failing to hire a woman because she is pregnant;

Creating a hostile work environment for an employee because she is pregnant or recently gave birth;

Denying an employee a pay raise or promotion because she is pregnant; or

Providing an employee with negative performance reviews based because she is pregnant.

State and federal law also prohibit  employers from retaliating against an employee who complains about  pregnancy discrimination.  If an employer provides leave to employees  with disabilities, then the employer must also provide leave to a woman  who is pregnant.

The harasser can be any other employee  that you work with, including a co-worker or supervisor.  If you believe  that you have been discriminated against because you are pregnant, it  is important to complain internally to human resources or other  individual(s) designated by your employer to handle employee  complaints.  It is also important to document any and all events that  you believe constitute pregnancy discrimination to best protect your rights.

There are certain time limitations for  filing a complaint based on pregnancy discrimination.  Under state law,  the Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  pregnancy discrimination.  Under federal law, Title VII of the Civil  Rights Act of 1964, an individual must file a complaint no later than  300 days after the most recent occurrence of pregnancy discrimination.   Therefore, it is imperative that you contact a knowledgeable employment  attorney as soon as practicable.

Discrimination  based on a person’s race is illegal in Texas and violates both state  and federal law.  Race discrimination may include the following:

Racial slurs;

Failing to hire an individual based on that individual’s race;

Denying an employee a pay raise or promotion based on that individual’s race;

Providing an employee with negative performance reviews based on that individual’s race;

A policy that has a greater negative impact on employees of a particular race;

Derogatory comments about a person’s race; or

Sending racist emails or displaying racist images on a computer screen or anywhere else at a place of employment.

State and federal law prohibit  employers from retaliating against an employee who complains about race  discrimination.  It is also illegal for an employer to discriminate  against an employee because of that employee’s association with a person  of a particular race.

A victim of race discrimination can be  of any race.  The harasser can be any other employee that you work with,  including a co-worker or supervisor.  If you believe that you have been  discriminated against based on your race, it is important to complain  internally to human resources or other individual(s) designated by your  employer to handle employee complaints.  It is also important to  document any and all events that you believe constitute race  discrimination to best protect your rights.

There are certain time limitations for  filing a complaint based on race discrimination.  Under state law, the  Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  race discrimination.  Under federal law, Title VII of the Civil Rights  Act of 1964, an individual must file a complaint no later than 300 days  after the most recent occurrence of race discrimination.  Therefore, it  is imperative that you contact a knowledgeable employment attorney as  soon as practicable.

Discrimination  based on a person’s disability or perceived disability is illegal in  Texas and violates both state and federal law.  Disability  discrimination may include the following:

Comments or jokes about a person’s disability;

Failing to hire an individual based on that individual’s disability or perceived disability;

Treating an employee less favorably because of that individual’s disability or perceived disability;

Creating a hostile work environment for any individual with a disability;

Denying an employee a pay raise or promotion based on that individual’s disability or perceived disability; or

Providing an employee with negative performance reviews based on that individual’s disability or perceived disability.

State and federal law prohibit  employers from retaliating against an employee who complains about  disability discrimination.  Employers are also required to provide a  reasonable accommodation to an employee with a disability.  A reasonable  accommodation is a modification of an employee’s job duties or working  environment which does not cause undue hardship to the employer.

A victim of disability discrimination  must be able to show that he or she has a physical or mental condition  that substantially limits a major life activity, or that he or she is  perceived as being disabled by the employer.  The harasser can be any  other employee that you work with, including a co-worker or supervisor.   If you believe that you have been discriminated against based on your  disability or perceived disability, it is important to complain  internally to human resources or other individual(s) designated by your  employer to handle employee complaints.  It is also important to  document any and all events that you believe constitute disability discrimination to best protect your rights.

There are certain time limitations for  filing a complaint based on disability discrimination.  Under state law,  the Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  disability discrimination.  Under federal law, the Americans with  Disabilities Act, an individual must file a complaint no later than 300  days after the most recent occurrence of disability discrimination.   Therefore, it is imperative that you contact a knowledgeable employment  attorney as soon as practicable.

Discrimination  based on a person’s age is illegal in Texas and violates both state and  federal law.  However, state and federal law only protect individuals  who are over the age of 40.  Age discrimination may include the  following:

Comments or jokes about an individual’s age or particular age group;

Denying benefits to individuals who are over the age of 40;

Failing to hire an individual based on that individual being over the age of 40;

Creating a hostile work environment for individuals of a certain age group;

Denying an employee a pay raise or promotion based on that individual being over the age of 40; or

Providing an employee with negative performance reviews based on that individual being over the age of 40.

State and federal law also prohibit employers from retaliating against an employee who complains about age discrimination.

A victim of age discrimination must be  over the age of 40.  The harasser can be of any age, and may be another  employee that you work with, including a co-worker or supervisor.  If  you believe that you have been discriminated against based on your age,  it is important to complain internally to human resources or other  individual(s) designated by your employer to handle employee  complaints.  It is also important to document any and all events that  you believe constitute age discrimination to best protect your rights.

There are certain time limitations for  filing a complaint based on age discrimination.  Under state law, the  Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of age  discrimination.  Under federal law, the Age Discrimination in  Employment Act (ADEA), an individual must file a complaint no later than  300 days after the most recent occurrence of age discrimination.   Therefore, it is imperative that you contact a knowledgeable employment  attorney as soon as practicable.

Discrimination  based on a person’s national origin is illegal in Texas and violates  both state and federal law.  National origin discrimination may include  the following:

Derogatory comments about an employee’s country of origin, ethnicity, or accent;

Failing to hire an individual based on that individual’s country of origin, ethnicity, or accent;

Denying an employee a pay raise or promotion based on that individual’s country of origin, ethnicity, or accent; or

Providing an employee with negative performance reviews based on that individual’s country of origin, ethnicity, or accent.

State and federal law prohibit  employers from retaliating against an employee who complains about  national origin discrimination.  It is also illegal for an employer to  discriminate against an employee because of that employee’s association  with a person of a particular national origin.

A victim of national origin  discrimination can be from any part of the world or appear to be of a  certain ethnic background.  The harasser can be any other employee that  you work with, including a co-worker or supervisor.  If you believe that  you have been discriminated against based on your country of origin,  ethnicity, or accent, it is important to complain internally to human  resources or other individual(s) designated by your employer to handle  employee complaints.  It is also important to document any and all  events that you believe constitute national origin discrimination to  best protect your rights.

There are certain time limitations for  filing a complaint based on national origin discrimination.  Under state  law, the Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  national origin discrimination.  Under federal law, Title VII of the  Civil Rights Act of 1964, an individual must file a complaint no later  than 300 days after the most recent occurrence of national origin  discrimination.  Therefore, it is imperative that you contact a  knowledgeable employment attorney as soon as practicable.

Discrimination  based on a person’s religion is illegal in Texas and violates both  state and federal law.  Religious discrimination may include the  following:

Comments or jokes about a particular religion or religious group;

Failing to hire an individual based on that individual’s religion or religious beliefs;

Creating a hostile work environment for individuals of a certain religion or religious group;

Failing to accommodate an employee’s religious beliefs or practices;

Denying an employee a pay raise or promotion based on that individual’s religion; or

Providing an employee with negative performance reviews based on that individual’s religion.

State and federal law also prohibit  employers from retaliating against an employee who complains about  gender discrimination.  Employers may also be required to provide a  reasonable accommodation for an employee’s religious beliefs or  practices.  A reasonable accommodation is a modification of an  employee’s job duties or working environment which does not cause undue  hardship to the employer.  It is also illegal for an employer to  discriminate against an employee because of that employee’s association  with a person of a particular religious group.

A victim of religious discrimination  can be of any religion.  The harasser can be any other employee that you  work with, including a co-worker or supervisor.  If you believe that  you have been discriminated against based on your religion or religious  beliefs, it is important to complain internally to human resources or  other individual(s) designated by your employer to handle employee  complaints.  It is also important to document any and all events that  you believe constitute religious discrimination to best protect your  rights.

There are certain time limitations for  filing a complaint based on religious discrimination.  Under state law,  the Texas Commission on Human Rights Act, an individual must file a  complaint no later than 180 days after the most recent occurrence of  religious discrimination.  Under federal law, Title VII of the Civil  Rights Act of 1964, an individual must file a complaint no later than  300 days after the most recent occurrence of religious discrimination.   Therefore, it is imperative that you contact a knowledgeable employment  attorney as soon as practicable.

Public employees in Texas who, in good  faith, report a violation of law by their employer or another public  employee to an appropriate law enforcement authority are protected from  retaliation.  The Texas Whistleblower Act was enacted to protect  municipal, county, and state employees from retaliation.  Retaliation  may include an adverse personnel action, suspension, or termination.

Under the Texas Whistleblower Act, an  appropriate law enforcement authority may include “a part of a state or  local governmental entity or of the federal government that the employee  in good faith believes is authorized to: (1) regulate under or enforce  the law alleged to be violated in the report; or (2) investigate or  prosecute a violation of criminal law.”  A public employee who pursues a  claim under the Texas Whistleblower Act must file suit within 90 days  of the date of the retaliatory action.

There are also a number of federal laws  which protect certain employees for reporting violations of federal  laws, including, but not limited to, the following:

OSHA Violations – safety and health complaints;

Violations of the Sarbanes-Oxley Act – fraud against shareholders of publicly traded corporations;

Asbestos in elementary and secondary school systems;

Unsafe shipping containers under the International Safety Container Act; and

Violations of the Clean Air Act.

If you believe that you have been, or may be retaliated against, for engaging in whistleblowing activities, you should contact the whistleblower retaliation attorneys and lawyers at Logan Howard Law immediately.  To best protect your rights, it  is also important to document any and all events concerning a violation  of law or your report of any violation of law.

The Family and Medical Leave Act is a federal law that requires certain employers to provide up to 12 weeks  of unpaid leave during any eligible 12 month period.  The FMLA only applies to employers who have 50 or more employees within 75 miles.  An employee must have worked for his or her employer for at least 12  months, and is eligible for leave under the FMLA for the following  reasons:

He or she is unable to work due to a serious health condition;

Pregnancy;

The birth and care of his or her newborn child;

The care of an adopted child or foster child; or

He or she has to care for an immediate family member (spouse, child, or parent) with a serious health condition.

To request leave under the FMLA, an  employee must provide his or her employer with the appropriate notice  and submit the required forms.  After taking FMLA leave, an employer is  not required to return you to the exact same job.  However, if you are  assigned to a new position, it must have the same or substantially  similar job duties, responsibilities, and status.  The new position must  also offer the same pay, benefits, and general work schedule.

Employers are prohibited from  interfering with, restraining, or denying you the rights guaranteed  under the FMLA.  If you believe that your employer has violated the  requirements of the FMLA, it is important that you immediately contact a  knowledgeable attorney who can help protect your rights.

Employers  oftentimes offer severance agreements to employees that are subject to  being terminated or laid off.  Employers are not legally obligated to offer severance agreements, but may choose to do so for a number of reasons.  A  severance agreement will generally specify the terms of a separation,  offer some monetary payment, and include a waiver of the employee’s  rights to pursue any legal claim against his or her former employer.

Because severance agreements are typically enforceable and binding contracts, it is very important to  fully review the language contained in any severance agreement you may be  provided with.  Employers will usually provide employees with a certain time period to review a severance agreement and to have it reviewed by an attorney.  It may be possible to negotiate higher severance pay depending on the particular set of facts.  You should always consult an  employment attorney who can review your severance agreement, and inform you of your rights and obligations under the agreement.

Contact the employment attorneys at Logan Howard Law today.

A non-compete agreement or covenant not to  compete is a contract under which an employee agrees not to work for a  competing business, within a certain geographic location, and for a  specific period of time.  It is becoming more common for employers in Texas to require employees to sign non-compete agreements as a  condition of employment.  Non-compete agreements in Texas are generally enforceable agreements, but must satisfy certain legal elements under the law.  Therefore, it is very important to  know what rights you may be signing away.