Frequently Asked Questions
Disclaimer: The following frequently asked questions and answers are only meant to provide general information and do not constitute legal advice. For legal advice, please consult an attorney. To consult with us, click here.
What is “at-will” employment?
This is default type of employment in Texas. At-will employment means that an employee works for an employer at both his and the employer’s will. In the absence of a particular agreement modifying at-will employment, the employer can terminate the employee for any reason and no reason at all as long as that reason does not conflict with any discrimination laws.
What does employment discrimination mean?
Employment discrimination, also known as Workplace Discrimination, means that an employee or applicant has been discriminated against for one or more of his or her characteristics, such as race, gender, age, religion, disability and pregnancy. An employee is protected when discrimination occurs under any of the following:
- Hiring and firing
- Benefits and perks
- Testing
- Retirement plans
- Disability leave
- Use of company facilities
- Training and apprenticeship programs
- Transfers, promotions, layoffs or recalls
- Recruitment and job advertisements
- Compensation, assignment or classification
What areas of discrimination do you practice?
There are a number of different areas of discrimination that our San Antonio Employment Lawyers practice. Typically we represent workers who have been discriminated against due to age, sex, race, color, religion, or pregnancy
Are there any laws that protect me from employment discrimination at my workplace?
There are both state and federal laws that protect workers from employment discrimination. In Texas, workers are protected by, among other things, the Texas Commission on Human Rights Act, the federal Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pregnancy Discrimination Act.
Am I protected from discrimination if I am a government employee?
Yes. The Texas Legislature has explicitly waived sovereign immunity for discrimination claims brought against state agencies under Chapter 21 of the Texas Labor Code.
Federal government employees are also protected from discrimination.
What are the deadlines for reporting discrimination?
A charge of discrimination must be filed with the Texas Workforce Commission by the 180th day after the discrimination occurred.
A charge of discrimination must be filed with the Equal Employment Opportunity Commission by the 300th day after the discrimination occurred.
A federal employee must report discrimination to an Equal Employment Opportunity counselor within 45 days of the discrimination.
These deadlines are strictly enforced and failure to file a claim within these time periods bars future legal action. San Antonio employment lawyer Rob Wiley can make sure these critical deadlines are met.
If I am gay, lesbian, bisexual, or transgendered, is there a law that protects me?
Unfortunately there is currently no federal or Texas state law protecting workers discriminated against based solely on their sexual orientation or gender identity.
However, other states, and some counties and municipalities have laws and ordinances prohibiting such discrimination. Gay, lesbian, bisexual and transgendered employees are entitled to equal protection under the law.
Even in the absence of a law, an employee may be entitled to protection based on the particular policies, promises, and regulations of his or her employer. For more information on sexual orientation and gender identity discrimination please click here.
If I am physically or mentally handicapped, is there a law that protects me?
Yes, the American’s with Disabilities Act protects workers who are both physically and mentally handicapped from discrimination in hiring, firing, promotion, compensation, training and privileges of employment.
Under this act, employers are required to make reasonable accommodations for known disabilities if it does not impose an undue hardship on the business.
Employers are not permitted to ask about the existence, nature, or severity of a disability. An employer may not require a medical examination prior to a job offer, unless all employees must submit to such an examination. For more information on disability discrimination please click here.
What is national origin discrimination?
National origin discrimination is discrimination based on a person’s birthplace, ancestry, culture or linguistic characteristics.
Examples of national origin discrimination include English-Only rules in the workplace, denial of a job based on a person’s accent, or the requirement that an employee be fluent in English if the rule is meant to exclude those of a particular origin and is not related to the job. For more information, please click here.
What is sexual harassment?
Sexual harassment includes unwelcome sexual advances, inappropriate sexual language, requests for sexual favors, and any other unwelcome or offensive verbal of physical sexual conduct that affects employment or creates a hostile work environment.
Sexual harassment can occur against either gender and be committed by any supervisor, agent, other employee, or even a non-employee.
A victim of sexual harassment is not only the person harassed, but any person affected by the harassing conduct. For more information on sexual harassment, please click here.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) makes it unlawful for an employer to fire an employee who takes unpaid leave for family and/or medical reasons or change the terms and conditions of the employee’s group health insurance during that leave.
Family and medical reasons qualifying for FMLA leave include: the birth of a child, care for a child under one year of age, adoption of a child, care for spouse, child or parent with a serious health condition, a serious health condition affecting employee’s ability to work, and certain circumstances relating to a spouse, child or parent on active duty in the armed services.
What should I do if I observe discrimination by my supervisor or co-worker?
You should report it to the TWC or EEOC. Both state and federal law protect workers from retaliation who report discrimination, or participate in an investigation into discrimination. San Antonio employment lawyer Rob Wiley can assist you in drafting a charge of discrimination. For more information on retaliation, please click here.
Can I refuse a supervisor’s demand that I perform an illegal act?
Yes. The Supreme Court of Texas has created a narrow exception to at-will employment that prevents employers from firing employees for the sole reason of the employee’s refusal to commit an illegal act.
This exception does not apply to government employees.
What steps should I take if I feel I have been discriminated against?
First, you should use any internal grievance procedures made available by your employer.
Then consider filing a charge of discrimination with the Texas Workforce Commission or EEOC. Filing a charge of discrimination is subject to a very short statute of limitations.
In Texas, a worker has only 180 days to file a charge with the TWC, and only 300 days to file with the EEOC. San Antonio employment lawyer Rob Wiley is able to assist employees in this process and make sure the deadlines are met so that your discrimination does not go unnoticed.
What is the minimum wage in Texas?
The minimum wage in Texas is currently $7.25, which is also the federal minimum wage.
When is overtime pay required?
Generally, an employee is entitled to overtime pay for work performed beyond 40 hours per week.
The rate for overtime pay is currently one and half times the regular rate of pay.
