Austin texas Discrimination Lawyer
Workplace discrimination can take many forms, including unfair treatment based on Race, Color, Gender, Sexual Orientation / Gender Identity /Transgender Status, Religion, National Origin or Ancestry, Age, Pregnancy Status, Veteran Status / Discrimination on the Basis of Military Service, Disability, or other protected characteristics.
At Kaplan Law, we are dedicated to advocating for employees who have been subjected to discriminatory practices. Our experienced attorneys will thoroughly review your case, help you understand your legal rights, and guide you through the process of seeking justice and accountability from your employer. We work tirelessly to ensure that those responsible are held accountable, and to pursue the compensation you deserve. Whether through negotiation or litigation, we are committed to securing a positive outcome and restoring your confidence in your workplace.
Austin texas Discrimination Lawyer
Workplace discrimination can take many forms, including unfair treatment based on Race, Color, Gender, Sexual Orientation / Gender Identity /Transgender Status, Religion, National Origin or Ancestry, Age, Pregnancy Status, Veteran Status / Discrimination on the Basis of Military Service, Disability, or other protected characteristics.
At Kaplan Law, we are dedicated to advocating for employees who have been subjected to discriminatory practices. Our experienced attorneys will thoroughly review your case, help you understand your legal rights, and guide you through the process of seeking justice and accountability from your employer. We work tirelessly to ensure that those responsible are held accountable, and to pursue the compensation you deserve. Whether through negotiation or litigation, we are committed to securing a positive outcome and restoring your confidence in your workplace.
Pregnancy discrimination happens when your employer illegally treats you less favorably because of your pregnancy.
First things first – Congratulations! You are going to have a baby! You are of course excited, so you start to tell everyone at work the great news. Everyone seems to be extremely happy for you, well, almost everyone. Your boss’ demeanor seems off, but you brush it off because you do not want it to ruin your great news. Or, maybe you think you are misinterpreting the reaction.
As time passes, your boss’ behavior does not improve. You feel like something is off, but you cannot put your finger on it. Maybe your boss is just worried about losing you to maternity leave, or maybe there is something more personal going on. Regardless, you decide it is not your business to pry.
But as your boss continues to act weirdly toward you, your curiosity grows. You start to notice your workload is getting lighter and lighter. You also notice that you are not being included in the big projects you used to oversee. Suddenly, you went down the ranks in your boss’ eyes in just a matter of weeks.
After being passed over for a promotion, or demoted, or forced to give up valuable customer accounts, you realize the catalyst for this change: your pregnancy.
Pregnancy discrimination is treating a female employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Pregnancy discrimination is very common and illegal under the Pregnancy Discrimination Act (PDA).
The ways in which pregnancy discrimination happens vary. Here are just some examples:
If you are unsure whether what you experienced is pregnancy discrimination, call an Austin pregnancy discrimination lawyer to better understand your potential case.
Discrimination is rarely open and obvious. Most managers know enough not to, for example, admit that they are laying you off because you are pregnant. The law understands this and allows you to prove your case using circumstantial evidence. For example, if your boss starts taking you off long term projects slowly and indefinitely reassigning them to non-pregnant coworkers, or if your boss changes his or her attitude toward you and starts writing you up only after learning you are expecting.
If you notice these changes, talk to an Austin Pregnancy Discrimination lawyer.
Your employer is responsible as long as the company has at least 15 employees. In Texas, your manager cannot be individually liable for pregnancy discrimination, but your company can be.
It is illegal to fire someone for coming forward with a complaint. This could be retaliation, which is also illegal. The anti-discrimination laws protect you from such retaliation.
No, this is not legal. The PDA protects you from all aspects of employment, not just hiring and firing. If you find yourself in this situation, you should book a consultation as soon as possible to look into your pregnancy discrimination case.
Probably. If your boss makes you take a leave of absence because you are pregnant and you are otherwise qualified to perform the essentials functions of your job with accommodation, that may be a violation of your pregnancy rights.
Not necessarily. There are at least two other kinds of laws that may apply – the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under the FMLA, if you and your employer are covered by it, you are guaranteed 12 weeks of maternity leave. Your boss may not force you to return to work earlier than your 12-week leave. You are covered by the FMLA if you worked at the job for 12 months, you worked at least 1,250 hours during that period, and the company has 50 or more employees in a 75-mile radius. If you are unsure whether you are FMLA eligible, contact an attorney. If the FMLA does not apply, the ADA still might. Again, your next step should be to consult with an Austin pregnancy discrimination lawyer as soon as possible.
Probably not. The PDA protects you from almost all pregnancy related discrimination. This means that you cannot be discriminated against because you were pregnant. Having your work reassigned to someone else is a potential form of discrimination.
Yes. If your boss refuses to accommodate your pregnancy-related needs, that may also be pregnancy discrimination. A recent Supreme Court case clarified this.
If you are unable to do a part of your job, such as heavy-lifting, your employer must accommodate you if it accommodates other non-pregnant employees in similar situations. Your job is not allowed to fire you or force you to take a leave of absence because you are pregnant, provided you can do the main tasks of the job with or without a reasonable accommodation.
Take action! The quicker you do something the better. You should talk to a lawyer as soon as possible. You can also report discrimination internally by complaining to a manager or to human resources.
Yes. Once you decide you want to file a claim, you can file a charge of discrimination with the US Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). You have 300 days from the incident of discrimination to file with the EEOC and 180 days with the TWC.
You should act as soon as possible. Speak up and use your voice!
What you can recover as damages from your pregnancy discrimination lawsuit depends on the circumstances.
There are three types of damages victims can recover:
Pregnancy discrimination happens when your employer illegally treats you less favorably because of your pregnancy.
First things first – Congratulations! You are going to have a baby! You are of course excited, so you start to tell everyone at work the great news. Everyone seems to be extremely happy for you, well, almost everyone. Your boss’ demeanor seems off, but you brush it off because you do not want it to ruin your great news. Or, maybe you think you are misinterpreting the reaction.
As time passes, your boss’ behavior does not improve. You feel like something is off, but you cannot put your finger on it. Maybe your boss is just worried about losing you to maternity leave, or maybe there is something more personal going on. Regardless, you decide it is not your business to pry.
But as your boss continues to act weirdly toward you, your curiosity grows. You start to notice your workload is getting lighter and lighter. You also notice that you are not being included in the big projects you used to oversee. Suddenly, you went down the ranks in your boss’ eyes in just a matter of weeks.
After being passed over for a promotion, or demoted, or forced to give up valuable customer accounts, you realize the catalyst for this change: your pregnancy.
Pregnancy discrimination is treating a female employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Pregnancy discrimination is very common and illegal under the Pregnancy Discrimination Act (PDA).
The ways in which pregnancy discrimination happens vary. Here are just some examples:
If you are unsure whether what you experienced is pregnancy discrimination, call an Austin pregnancy discrimination lawyer to better understand your potential case.
Discrimination is rarely open and obvious. Most managers know enough not to, for example, admit that they are laying you off because you are pregnant. The law understands this and allows you to prove your case using circumstantial evidence. For example, if your boss starts taking you off long term projects slowly and indefinitely reassigning them to non-pregnant coworkers, or if your boss changes his or her attitude toward you and starts writing you up only after learning you are expecting.
If you notice these changes, talk to an Austin Pregnancy Discrimination lawyer.
Your employer is responsible as long as the company has at least 15 employees. In Texas, your manager cannot be individually liable for pregnancy discrimination, but your company can be.
It is illegal to fire someone for coming forward with a complaint. This could be retaliation, which is also illegal. The anti-discrimination laws protect you from such retaliation.
No, this is not legal. The PDA protects you from all aspects of employment, not just hiring and firing. If you find yourself in this situation, you should book a consultation as soon as possible to look into your pregnancy discrimination case.
Probably. If your boss makes you take a leave of absence because you are pregnant and you are otherwise qualified to perform the essentials functions of your job with accommodation, that may be a violation of your pregnancy rights.
Not necessarily. There are at least two other kinds of laws that may apply – the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under the FMLA, if you and your employer are covered by it, you are guaranteed 12 weeks of maternity leave. Your boss may not force you to return to work earlier than your 12-week leave. You are covered by the FMLA if you worked at the job for 12 months, you worked at least 1,250 hours during that period, and the company has 50 or more employees in a 75-mile radius. If you are unsure whether you are FMLA eligible, contact an attorney. If the FMLA does not apply, the ADA still might. Again, your next step should be to consult with an Austin pregnancy discrimination lawyer as soon as possible.
Probably not. The PDA protects you from almost all pregnancy related discrimination. This means that you cannot be discriminated against because you were pregnant. Having your work reassigned to someone else is a potential form of discrimination.
Yes. If your boss refuses to accommodate your pregnancy-related needs, that may also be pregnancy discrimination. A recent Supreme Court case clarified this.
If you are unable to do a part of your job, such as heavy-lifting, your employer must accommodate you if it accommodates other non-pregnant employees in similar situations. Your job is not allowed to fire you or force you to take a leave of absence because you are pregnant, provided you can do the main tasks of the job with or without a reasonable accommodation.
Take action! The quicker you do something the better. You should talk to a lawyer as soon as possible. You can also report discrimination internally by complaining to a manager or to human resources.
Yes. Once you decide you want to file a claim, you can file a charge of discrimination with the US Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). You have 300 days from the incident of discrimination to file with the EEOC and 180 days with the TWC.
You should act as soon as possible. Speak up and use your voice!
What you can recover as damages from your pregnancy discrimination lawsuit depends on the circumstances.
There are three types of damages victims can recover:
Age discrimination is when an employer discriminates against an employee or potential employee due to their age. In Texas, the law prohibiting age discrimination covers employers with 15 or more employees (including full time and part time employees). Age discrimination can occur in the hiring process, or once an employee is officially employed. The Age Discrimination Act (ADEA) and Chapter 21 of the Texas Labor Code forbid discrimination based on age only against people who are 40 years of age or older at the time the discriminatory act takes place.
Discrimination based on age is illegal in any aspect of the employment process including hiring, firing, pay, job assignments, promotions, layoff, training, benefit, and any other condition of employment. It is also illegal to harass someone because of their age, which includes derogatory remarks about your age that are frequent and severe.
Yes, it might be. The age discrimination laws do not require that the person inflicting the discrimination be younger or older than the person on the receiving end. Your boss could be older than you and still discriminate against you based on your age. As long as the person experiencing the discrimination is age 40 or older, illegal age discrimination could be taking place.
Not necessarily. While this may indicate age discriminatory behavior, it is not illegal, standing alone, for an employer to ask someone their birth date or graduation date on an application. However, if the question is partnered with some other age-related suspicious behavior, you should contact an Austin age discrimination lawyer to better understand your rights under the circumstances.
No. There is no such thing as a mandatory retirement age. The ADEA protects you from being forced to retire. If you are being pressured by your boss to retire, either by subtle hints or outright encouragement, you may have a case for age discrimination. It is best to reach out to an Austin age discrimination lawyer to help analyze the situation. Whether and when you choose to retire is your choice.
Yes. Employers are not allowed to set age limits for training programs. This is likely a direct violation of the ADEA.
Call an employment attorney. You have the right to be free from retaliation for filing a charge of discrimination. As a practical matter, there are steps you can take, with some guidance, to accomplish your goals without making your life more difficult. Every case is different and depends on the facts and people involved. Ultimately, you should get informed about your rights and then speak out!
It may be. If you see a pattern of the company firing people over the age of 40, it could be a violation of the ADEA. If Exhibit A to your layoff notice or severance agreement shows the company disproportionately fired people over 40, that is evidence of age discrimination. If you are over 40 and more qualified than coworkers not affected by the layoff, that is evidence of age discrimination. If your supervisor or whoever decided to include you in a layoff made age discriminatory comments (about “dinosaurs, can’t teach an old dog new tricks, we need new blood,” etc.), those may be evidence of age discrimination.
It might be. The replacement must be either under 40, or substantially younger than you are. You should gather all other information that suggests age discrimination.
Take action! Age discrimination is wrong and illegal for a reason. Use your voice and do not let your employer get away with activity prohibited by law. Contact an Austin age discrimination lawyer to learn what to do next.
No. You have 180-300 days to file a claim with the TWC and the EEOC, respectively. So, get started as soon as possible.
There are three types of damages most age discrimination victims can recover in Texas:
Age discrimination is when an employer discriminates against an employee or potential employee due to their age. In Texas, the law prohibiting age discrimination covers employers with 15 or more employees (including full time and part time employees). Age discrimination can occur in the hiring process, or once an employee is officially employed. The Age Discrimination Act (ADEA) and Chapter 21 of the Texas Labor Code forbid discrimination based on age only against people who are 40 years of age or older at the time the discriminatory act takes place.
Discrimination based on age is illegal in any aspect of the employment process including hiring, firing, pay, job assignments, promotions, layoff, training, benefit, and any other condition of employment. It is also illegal to harass someone because of their age, which includes derogatory remarks about your age that are frequent and severe.
Yes, it might be. The age discrimination laws do not require that the person inflicting the discrimination be younger or older than the person on the receiving end. Your boss could be older than you and still discriminate against you based on your age. As long as the person experiencing the discrimination is age 40 or older, illegal age discrimination could be taking place.
Not necessarily. While this may indicate age discriminatory behavior, it is not illegal, standing alone, for an employer to ask someone their birth date or graduation date on an application. However, if the question is partnered with some other age-related suspicious behavior, you should contact an Austin age discrimination lawyer to better understand your rights under the circumstances.
No. There is no such thing as a mandatory retirement age. The ADEA protects you from being forced to retire. If you are being pressured by your boss to retire, either by subtle hints or outright encouragement, you may have a case for age discrimination. It is best to reach out to an Austin age discrimination lawyer to help analyze the situation. Whether and when you choose to retire is your choice.
Yes. Employers are not allowed to set age limits for training programs. This is likely a direct violation of the ADEA.
Call an employment attorney. You have the right to be free from retaliation for filing a charge of discrimination. As a practical matter, there are steps you can take, with some guidance, to accomplish your goals without making your life more difficult. Every case is different and depends on the facts and people involved. Ultimately, you should get informed about your rights and then speak out!
It may be. If you see a pattern of the company firing people over the age of 40, it could be a violation of the ADEA. If Exhibit A to your layoff notice or severance agreement shows the company disproportionately fired people over 40, that is evidence of age discrimination. If you are over 40 and more qualified than coworkers not affected by the layoff, that is evidence of age discrimination. If your supervisor or whoever decided to include you in a layoff made age discriminatory comments (about “dinosaurs, can’t teach an old dog new tricks, we need new blood,” etc.), those may be evidence of age discrimination.
It might be. The replacement must be either under 40, or substantially younger than you are. You should gather all other information that suggests age discrimination.
Take action! Age discrimination is wrong and illegal for a reason. Use your voice and do not let your employer get away with activity prohibited by law. Contact an Austin age discrimination lawyer to learn what to do next.
No. You have 180-300 days to file a claim with the TWC and the EEOC, respectively. So, get started as soon as possible.
There are three types of damages most age discrimination victims can recover in Texas:
Injury or disability discrimination is when your employer treats you less favorably because you have an injury or disability. That could mean that they’re refusing to accommodate your physical or mental condition; that they are harassing you because of it; or that they fired or demoted you, denied you a promotion, or reduced your hours or wages for no reason other than your disability or injury.
In Texas, as in the rest of the United States, disability discrimination is illegal under the Americans with Disabilities Act (ADA). Workers who have been treated unfairly because of a disability or another medical condition may be able to file an ADA lawsuit seeking compensation.
The Americans with Disabilities Act (ADA) is a federal law passed in 1990 to protect people with disabilities from discrimination in the workplace and in public spaces such as schools and transportation hubs. The ADA was amended in 2008 to make it more friendly to employees with disabilities. The law requires most employers to provide reasonable accommodations for disabilities, such as medical leave, breaks for medical appointments and treatment, wheelchair ramps, reserved parking spaces, and modified bathrooms.
Under the ADA, as well as Chapter 21 of the Texas Labor Code, organizations with 15 or more employees that fail to provide these accommodations – or that otherwise discriminate against workers with disabilities or injuries – may be held legally liable for these violations. If you think that your employer, or a loved one’s employer, may have violated the ADA, you should speak with a Texas disability discrimination lawyer as soon as possible.
According to the U.S. Equal Employment Opportunity Commission (EEOC), these organizations are subject to the conditions of the Americans with Disabilities Act:
If an employer falls into one of the categories above, and they discriminate against a disabled or injured worker, that worker may be able to take legal action.
Though the EEOC does not have a set list of disabilities that meet the requirements of the ADA, it states that the impairment must be substantial, which it and courts define as significantly limiting a major life activity or bodily function, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
Disabilities that would most likely meet this criterion include:
Conditions that are unlikely to meet the government’s definition of a significant impairment under the ADA include:
Disability discrimination can take many forms, but perhaps the most common type of ADA violation is the failure to accommodate an employee’s disability. Here are some examples:
In addition to not providing the necessary accommodations for a disability or injury, the following types of actions could also constitute discrimination:
Potentially, yes. If your employer failed to accommodate your disability or injury, or harassed or penalized you for it, you may be entitled to compensation. Under the Americans with Disabilities Act (ADA) and the Texas Labor Code, it’s illegal to discriminate or retaliate against disabled workers.
If you think you may have been discriminated against because of a medical condition or injury, contact a Texas disability discrimination attorney to see if you qualify for a lawsuit.
Every case is different, with many factors that determine how much money you could be owed. That said, these are the most common types of damages you could recover through a disability discrimination lawsuit:
These damages may range from thousands to millions of dollars, depending on the length and extent of the discrimination, as well as its repercussions and the earning capacity of the disabled worker. An employment lawyer can help you determine if you qualify for compensation, and if so, how much you might be owed.
Most disability discrimination matters are settled before becoming lawsuits, and even most lawsuits are settled out of court before going to trial, making for a quicker resolution.
Kaplan Law Firm is an employment law and civil rights firm that’s been proudly serving Texans since 2015. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for discrimination, harassment, breach of contract, wage and hour violations, and whistleblower retaliation.
We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN.
Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.
Injury or disability discrimination is when your employer treats you less favorably because you have an injury or disability. That could mean that they’re refusing to accommodate your physical or mental condition; that they are harassing you because of it; or that they fired or demoted you, denied you a promotion, or reduced your hours or wages for no reason other than your disability or injury.
In Texas, as in the rest of the United States, disability discrimination is illegal under the Americans with Disabilities Act (ADA). Workers who have been treated unfairly because of a disability or another medical condition may be able to file an ADA lawsuit seeking compensation.
The Americans with Disabilities Act (ADA) is a federal law passed in 1990 to protect people with disabilities from discrimination in the workplace and in public spaces such as schools and transportation hubs. The ADA was amended in 2008 to make it more friendly to employees with disabilities. The law requires most employers to provide reasonable accommodations for disabilities, such as medical leave, breaks for medical appointments and treatment, wheelchair ramps, reserved parking spaces, and modified bathrooms.
Under the ADA, as well as Chapter 21 of the Texas Labor Code, organizations with 15 or more employees that fail to provide these accommodations – or that otherwise discriminate against workers with disabilities or injuries – may be held legally liable for these violations. If you think that your employer, or a loved one’s employer, may have violated the ADA, you should speak with a Texas disability discrimination lawyer as soon as possible.
According to the U.S. Equal Employment Opportunity Commission (EEOC), these organizations are subject to the conditions of the Americans with Disabilities Act:
If an employer falls into one of the categories above, and they discriminate against a disabled or injured worker, that worker may be able to take legal action.
Though the EEOC does not have a set list of disabilities that meet the requirements of the ADA, it states that the impairment must be substantial, which it and courts define as significantly limiting a major life activity or bodily function, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
Disabilities that would most likely meet this criterion include:
Conditions that are unlikely to meet the government’s definition of a significant impairment under the ADA include:
Disability discrimination can take many forms, but perhaps the most common type of ADA violation is the failure to accommodate an employee’s disability. Here are some examples:
In addition to not providing the necessary accommodations for a disability or injury, the following types of actions could also constitute discrimination:
Potentially, yes. If your employer failed to accommodate your disability or injury, or harassed or penalized you for it, you may be entitled to compensation. Under the Americans with Disabilities Act (ADA) and the Texas Labor Code, it’s illegal to discriminate or retaliate against disabled workers.
If you think you may have been discriminated against because of a medical condition or injury, contact a Texas disability discrimination attorney to see if you qualify for a lawsuit.
Every case is different, with many factors that determine how much money you could be owed. That said, these are the most common types of damages you could recover through a disability discrimination lawsuit:
These damages may range from thousands to millions of dollars, depending on the length and extent of the discrimination, as well as its repercussions and the earning capacity of the disabled worker. An employment lawyer can help you determine if you qualify for compensation, and if so, how much you might be owed.
Most disability discrimination matters are settled before becoming lawsuits, and even most lawsuits are settled out of court before going to trial, making for a quicker resolution.
Kaplan Law Firm is an employment law and civil rights firm that’s been proudly serving Texans since 2015. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for discrimination, harassment, breach of contract, wage and hour violations, and whistleblower retaliation.
We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN.
Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.
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