Employment Discrimination

Right to be free from unlawful discrimination

Both federal and Texas laws furnish protection against employment discrimination on the basis of race, color, religion, sex, age, national origin, and disability. The major federal laws are:

Civil Rights Act of 1964, Title VII - this law created the EEOC and furnishes protection against discrimination based upon race, color, religion, sex, and national origin. It applies to employers with at least 15 employees.
Age Discrimination in Employment Act of 1967 - this law protects employees against age discrimination, but only those who are least 40 years of age or older are covered. It applies only to employers with at least 20 employees.
Americans with Disabilities Act of 1990 - this law protects employees against disability (handicap) discrimination. It applies to employers with at least 15 employees.
Immigration Reform and Control Act of 1986 - this is the law that created the I-9 requirements for employers. Many people do not know that it also furnishes protection against discrimination on the basis of national origin or U.S. citizenship. Even fewer realize it applies to any employer with at least four (4) employees, so many smaller employers are covered.
Civil Rights Act of 1866 (42 U.S.C. 1981) - this law forbids employment discrimination on the basis of race or color. Unlike the other laws, it applies even in the case of independent contractors, and any employer with even one employee is covered.
Texas Commission on Human Rights Act of 1983 (Texas Labor Code, Chapter 21) - this is the Texas law that is closely equivalent to the above federal laws, all rolled up into one.

Contrary to some popular misconceptions, these discrimination laws do not prohibit employees from being disciplined or fired just because the employee happens to belong to one or more minority categories. They simply forbid employers from using an employee's membership in a minority category as the reason for an adverse employment action against an employee. An employee might feel discriminated against, but be unable to prove discrimination. For instance, an employer can defend itself by showing that a legitimate business reason was the true reason for whatever happened to the employee.