Employment Discrimination Retaliation

Dallas Employment Attorney Dan A. Atkerson Can Help Employees Who Report Discrimination

Federal and Texas laws prohibit employers from retaliating against employees who have opposed discrimination, reported discrimination, participated in a discrimination investigation or filed an Equal Employment Opportunity Commission (EEOC) or Texas Workforce Commission (TWC) charge of discrimination. Dallas employment lawyer Dan A. Atkerson has been representing victims of workplace retaliation for nearly three decades. Atkerson understands that reporting discriminatory practices by an employer is a legally protected activity, and he has recovered substantial damage awards for victims of employer retaliation.

Anti-Discrimination and Retaliation Laws

Title VII of the Civil Rights Act of 1964 is the primary federal law that prohibits sex discrimination and sexual harassment, religious discrimination, national origin discrimination and racial discrimination in the workplace. The Americans with Disabilities Act prohibits disability discrimination, but there are also other laws such as the Age Discrimination in Employment Act, Fair Labor Standards Act, the Pregnancy Discrimination Act, Section 1981 of the Civil Rights Act and the Equal Pay Act of 1963 that prohibit other discriminatory practices and retaliation on the part of the employer.

Prohibited Retaliatory Practices

Employers cannot unlawfully retaliate against any employee who reports or assists in reporting workplace discrimination. For example, if an employee who is disabled files a discrimination complaint with the EEOC and the employer fires that employee as a result, that employee has an independent retaliation claim. A retaliation claim has separate elements of proof from a discrimination claim, and a retaliation claim may be proven without necessarily having to prove the elements of the underlying discrimination claim.

A few actions that would constitute employment discrimination retaliation include, but are not limited to:

• Termination (retaliatory discharge)
• Isolation or intimidation in the workplace
• Negative changes to employment benefits or terms of employment, such as insurance
• Negative reassignment, reclassification or transfer
• Retaliation against a co-employee testifying in support of a claimant or cooperating in the investigation
• Undeservedly poor performance review or negative employment references
• Unreasonable increase or decrease in job duties
• Unwarranted disciplinary action

Discrimination and Retaliation:  For a complaint of discrimination or retaliation for engaging in protected activity based on race, color, national origin, sex, sexual harassment, pregnancy, age, religion or disability an employee may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or written complaint with the Texas Workforce Commission, Civil Rights Division. The charge of discrimination must be filed within 300 days of notice of the adverse employment action with the U.S. Equal Employment Opportunity Commission under federal law or a complaint must be filed within 180 days of the adverse employment action with the Texas Workforce Commission, Civil Rights Division under Texas law. The agency then after completing any investigation has to issue a notice before a civil lawsuit can be filed. For a claim of race discrimination under Section 1981 of the Civil Rights Act, no charge of discrimination has to be to first filed with the EEOC before filing suit.

Health Care Employees:

Hospitals: An employee may be entitled to recover actual damages (including damages for mental anguish), exemplary damages and attorney fees. An employee may also be entitled to reinstatement, compensation for lost wages, and reinstatement of benefits. The lawsuit must be filed within 180 days of the retaliatory action. Tex. Health & Safety Code § 161.134.

Nurses: An employee may be entitled to recover actual damages (including damages for mental anguish), exemplary damages (triple the amount of actual damages), courts costs and attorney fees. An employee may also be entitled to reinstatement and compensation for lost wages. Tex. Health & Safety Code § 242.133.

Nursing Homes: An employee may be entitled to recover actual damages (including damages for mental anguish), exemplary damages (triple the amount of actual damages), damages for lost wages, courts costs and attorney fees. An employee may also be entitled to reinstatement of position and reinstatement of benefits. The lawsuit must be filed within 90 days of the retaliatory action or, if the employee notifies the Texas Workforce Commission of the retaliation, within 90 days of the employee’s notice to the commission. Tex. Health & Safety Code § 242.133.

Intermediate Care Facilities for the Mentally Retarded: An employee may be entitled to recover actual damages (including damages for mental anguish), exemplary damages (triple the amount of actual damages), damages for lost wages, courts costs and attorney fees. An employee may also be entitled to reinstatement of position and reinstatement of benefits. The lawsuit must be filed within 90 days of the retaliatory action or, if the employee notifies the Texas Workforce Commission of the retaliation, within 90 days of the employee’s notice to the commission. Tex. Health & Safety Code § 252.132.

Occupational Health and Safety:  The lawsuit must be filed within 90 days of the retaliatory action. An unlawfully discharged employee is entitled to reinstatement, compensation for lost wages, and reinstatement of fringe benefits.

Workers’ Compensation:  An employee may recover reasonable damages and may be entitled to reinstatement. The lawsuit must be filed within two years of the retaliatory action.

Texas Public Policy Exception:  An employee may file suit if he or she was terminated for the sole reason that he or she refused to perform an illegal act for he or she could have been arrested and criminally prosecuted. The lawsuit must be filed within two years of the retaliatory action.

Experiencing Discrimination and Retaliation

If your employer engages in discriminatory or illegal practices, employees have the right to complain to the employer or report the employer to the authorities without fear of retaliation. Dallas employment lawyer Dan A. Atkerson stands up for the rights of employees, and has even fought Fortune 500 companies on the behalf of his clients. If you think that you may have been the victim of workplace retaliation after reporting discrimination, contact the Law Offices of Dan A. Atkerson to start getting the help you need.