Workplace discrimination occurs when employers treat employees or job applicants unfavorably based on protected characteristics rather than job performance or qualifications. Federal and Texas laws prohibit these practices and establish standards protecting workers from unfair treatment in hiring, promotion, compensation, and termination decisions.
Federal and Texas laws prohibit discrimination based on race, age (40 and over), sex, religion, disability, national origin, parental status, and genetic information, and they establish standards protecting workers from unfair treatment in hiring, promotion, compensation, and termination decisions.
Racial Discrimination
Racial Discrimination occurs when employers violate federal and state laws when they make employment decisions based on race, skin color, hair texture, or ethnic characteristics. Title VII of the Civil Rights Act of 1964 and Texas Labor Code § 21.051 prohibit treating workers differently because of racial identity, such as denying promotions to qualified candidates, assigning undesirable shifts based on ethnicity, or creating hostile environments through racial slurs and stereotypes.
Age Workplace Discrimination (40+)
The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from unfair treatment based on age-related stereotypes. Employers cannot refuse to hire mature candidates, force older employees into retirement, or deny training opportunities to experienced workers.
Sex-Based Discrimination in the Workplace
Sex-based discrimination encompasses multiple protected categories under federal law and Texas Labor Code § 21.106. Employers cannot make adverse employment decisions based on several sex-related characteristics, such as sexual orientation, gender, pregnancy, and transgender status.
Religious Workplace Discrimination
Federal law requires employers to reasonably accommodate sincerely held religious beliefs. The only exception is when doing so would create an undue hardship on business operations. Employers cannot refuse to hire candidates who: wear religious garments, deny schedule modifications for worship observance, or permit harassment based on faith traditions.
Disability Discrimination
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against individuals with disabilities who have a qualified physical or mental impairment that substantially limits a significant life activity. Covered employers must provide reasonable accommodations that enable disabled workers to perform job functions. Accommodations often entail modified schedules, assistive technology, or workspace adjustments that do not impose undue financial or operational burdens.
National Origin Discrimination
Employers breach civil rights protections when they discriminate against employees based on national origin. Discrimination based on birthplace, ancestry, ethnicity, accent, or physical traits associated with a specific country or region is a breach. National origin discrimination can also occur when workers are unnecessarily required to speak only English, even when bilingual communication would not impact job performance or service.
Parental Status Discrimination
Parents and caregivers experience unlawful discrimination when employers make decisions based on family responsibilities instead of job performance. Employers cannot deny employment to parents of young children, assume mothers are less committed to their careers, or restrict fathers from the same parental leave benefits provided to mothers.
Genetic Information Discrimination
The Genetic Information Nondiscrimination Act (GINA) forbids employers from using genetic test results or family medical history in employment decisions. Employers may not require genetic testing, discriminate based on disease predispositions, or collect genetic information through improperly structured wellness programs.
How Discrimination Looks in the Workplace
Discriminatory practices range from blatant harassment to subtle patterns that disadvantage protected groups. We help you recognize both flagrant and covert forms of employer violations so you can identify when employers violate your rights.
Obvious Signs and Harassment
Some forms of discrimination are overt and unmistakable, with actions that clearly violate the law. Such blatant conduct exposes employers to immediate legal liability:
- Harassment: Supervisors or coworkers make offensive comments, jokes, or slurs targeting your protected characteristics, creating intimidating or hostile work environments.
- Appearance Discrimination: Employers enforce grooming policies that disproportionately burden certain racial, ethnic, or religious groups without legitimate business justification.
- Denial of Accommodations: Management refuses reasonable requests for religious observance, disability modifications, or pregnancy-related adjustments despite legal obligations to accommodate.
- Biased Practices: Decision-makers openly state preferences for certain demographic groups during hiring or admit to using protected characteristics as factors in employment actions.
Subtle Signs
Discrimination frequently operates through patterns and practices that appear neutral but systematically disadvantage protected groups. Recognizing these indicators requires careful attention to workplace dynamics:
- Unequal Treatment: Supervisors apply different standards when evaluating performance, disciplining misconduct, or approving time-off requests depending on employees’ protected characteristics.
- Social Exclusion: Management excludes certain employees from informal networking opportunities, client meetings, or professional development activities that advance careers.
- Unwanted Assignments: Employers consistently assign less desirable projects, shifts, or territories to workers who share particular protected characteristics, while giving preferred opportunities to others.
- Biased Judgment: Supervisors interpret identical behavior differently based on protected status, praising assertiveness in some employees while criticizing others for identical conduct.
Hiring Indicators
Discriminatory patterns often emerge during recruitment and selection processes before employment begins. Warning signs during job searches include job postings seeking “recent graduates,” interview questions about family plans, childcare arrangements, or retirement intentions, and rejections of qualified applicants following discussions of religious practices or accommodations.
Retaliation
Employers break federal and state laws when they retaliate against employees for reporting discrimination, participating in investigations, or challenging illegal practices. Retaliation can take the form of termination, demotion, pay cuts, schedule changes, or heightened scrutiny following the employee’s protected actions.
At The Galo Law Firm, our retaliation lawyers can help you pursue claims when employers respond to your legitimate complaints with adverse employment actions designed to discourage you or others from asserting legal rights.
What to Do if You’re a Victim of Workplace Discrimination
Taking prompt action protects your legal claims and creates records supporting your case. Follow these steps when you encounter discriminatory treatment:
- Document incidents, including dates, times, witnesses, and specific statements or actions.
- Report violations through your employer’s internal complaint procedures.
- Preserve emails, performance reviews, and other relevant communications.
- File charges with the Equal Employment Opportunity Commission or the Texas Workforce Commission.
- Avoid discussing your situation on social media or with coworkers who might report to management.
- Consult an employment discrimination attorney to evaluate your legal options.
Contact a Board-Certified San Antonio Workplace Discrimination Lawyer
Whether you’ve experienced workplace discrimination or need representation against retaliation, you need an experienced employment lawyer. Our firm has over three decades of experience navigating discrimination cases. Call The Galo Law Firm at (210) 764-6135 or reach out online to schedule a consultation with an employment attorney who will assess your claims, explain your legal options, and fight for the compensation and justice you deserve.