Sex discrimination remains a serious problem in today's workplace. Both federal and state statutes protect workers from various forms of workplace discrimination. Under Title VII of the Civil Rights Act of 1964, a federal statute, it is illegal for an employer with 15 or more employees to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, based on the person's race, color, religion, sex or national origin. The State of Texas has also passed a law to protect workers – The Texas Commission on Human Rights Act – which follows Title VII's provisions.
Sex discrimination in the workplace exists in many forms. Discriminatory actions against employees can include termination of employment or failure to hire or promote a person based on his or her sex. It is also illegal for an employer to require an employee to work in a hostile or abusive environment if the employee suffers sex harassment that affects a term, condition or privilege of employment. Hostile working environment claims can be based on a series of discriminatory actions over a period of time. Discriminatory actions may occur at the hands of supervisors, co-workers or even the employer’s customers.
Before a person can pursue a discrimination lawsuit, he or she must first file a charge of discrimination with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. There are specific deadlines associated with these filings. Generally, if one wishes to proceed under state law, he or she must file with the Texas Workforce Commission – Civil Rights Division or local fair employment practices agency within 180 days of the discriminatory conduct. If one wishes to proceed under federal law, one must file with the EEOC within 300 days of the discriminatory conduct. Because the Texas Workforce Commission – Civil Rights Division and the EEOC have a work-sharing agreement, one may file his or her charge with one agency and ask the investigator to cross-file the charge with the other agency, thereby satisfying both state and federal deadlines. Failure to take this important step within the required timeframe may prevent a person from asserting any claims for discrimination against an employer.
There are other statutes that prohibit discrimination based on pregnancy, and also the Equal Pay Act, which makes it illegal for employers to pay women less than men for equal work.
The attorneys at Tanner and Associates can provide you with the guidance and representation you need to file and pursue your charge and then prosecute your lawsuit for sex discrimination.