If you suspect you have been discriminated against at work, you may be able to file a claim against your employer and receive monetary damages. At Jackson Spencer Law, our experienced employment discrimination attorneys have decades of experience representing — and achieving substantial settlements and verdicts for — those who have been treated unfairly by their employers. If you believe you have such a claim, please contact us for a free consultation.

Not all unfair treatment by your employer is considered illegal discrimination under the law, however. Certain groups of people, and certain actions by employees, are protected.

Protected Class

If you have a “protected status,” you might have a case.  This includes being discriminated against at work in one of these ways:

Employer Retaliation

You might have a case for retaliation if you:

  • Took time off under the Family and Medical Leave Act
  • Filed a Worker’s Compensation claim
  • “Blew the whistle” by reporting something illegal you knew about or saw happening
  • Refused to do something illegal that you were asked to do by a boss or co-worker
  • Complained to your employer about discrimination, even if you weren’t the person being discriminated against
  • Reported your boss for discriminatory or illegal activity

If you fit either of these two categories, you may have a valid claim against your employer.

Steps you can take right now against employment discrimination

If you are being treated unlawfully in the workplace, there are several important steps you can take:

  1. Report the conduct. It is particularly important that you report the unlawful conduct to the appropriate persons (usually a supervisor, manager or human resources). Your employer must know or have reason to know about the unlawful treatment in order to be legally responsible for a co-worker or customer’s conduct.
  2. Keep records. As soon as you experience discrimination, start writing down exactly what happened in a notebook that you keep at home. Write down the dates, places, times, witnesses and what happened. Keep copies of your performance evaluations and any emails or letters documenting the quality of your work.
  3. Contact an experienced employee rights attorney. It is better to contact a seasoned attorney sooner rather than later. If our firm is retained early enough, we may be able to convince your employer to intervene on your behalf. We can also help you identify if you have an actionable claim and pursue justice on your behalf.

Many cases require a complaint to be filed with the Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division before a lawsuit can be filed. Although it is legally permissible to make such a filing without an attorney, we strongly recommend retaining an experienced employment discrimination attorney before doing so, because any errors or omissions in your report can cause your claim to be dismissed, and an attorney will not be able to fix or amend the report.

Our team of experienced discrimination lawyers are committed to achieving justice for employees, and we have many happy clients to show for it. Contact us for a free consultation.

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What kind of discrimination can you sue for? Learn more:

Federal law and many state laws prohibit most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (“ADEA”) protects people age 40 and older from age-based discrimination. Age discrimination can occur in hiring, training, benefits, compensation, promotion, firing, and layoffs. To review some of our results representing employees for age discrimination, click here: Read more

The Americans with Disability Act (ADA) prohibits:

  • Discrimination “against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions, and privileges of employment.”
  • Discrimination against employees and applicants who have a “physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment.”
  • Failure to provide reasonable accommodations for a qualified employee or applicant with a disability, such as providing handicap accessible facilities, modifying work schedules, or providing modified equipment or interpreters.

What Kinds of Disability Discrimination Are there?

Read more

Gender discrimination all comes down to unequal treatment on the basis of sex.  Under Title VII of the Civil Rights Act of 1964, it’s illegal for an employer to refuse to hire or to fire any individual based on gender.  This law applies equally to males and females.  You do not have to be female to be protected by discrimination law.

Read more
  • Have you faced racial harassment or discrimination at work?
  • Were you selected for layoff or had your position eliminated when others of a different race doing the same or a similar job remained employed?
  • Have you been passed over for promotion despite being more qualified than others of a different race?
  • Were you treated differently at your job – or in a job interview because of your skin color?
  • Have you been treated differently at your job and have evidence that it’s because your spouse or significant other is of a different race?
Read more

Workplace discrimination due to national origin is against the law. Title VII of the Civil Rights Act of 1964 as well as many state laws make it illegal to treat employees less favorably on the basis of national origin.

National origin includes:

  • Nationality
  • Ancestry
  • Culture
  • Linguistic characteristics common to a specific ethnic group.

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This prohibition also protects an employee from being treated adversely because he or she is married to or associated with persons of a national origin group, attends or participates in schools, churches, temples or mosques generally associated with a national origin group, or has a surname associated with a national origin group.

Title VII generally applies to employers with 15 or more employees.  Even if your workplace employs fewer than 15 employees, it may be considered a covered employer under Title VII if it has acted jointly with a parent or subsidiary corporation and together employs more than 15.

Many states and localities also have laws prohibiting the unfavorable treatment of an employee because of national origin.  Many such states mirror Title VII but others may be broader.

The Family and Medical Leave Act (“FMLA”) allows qualified employees up to 12 weeks of unpaid family, parental and medical leave without penalty or the threat of bring fired or laid off.  Maternity leave is also covered under the FMLA.

Read more

Title VII of the Civil Rights Act of 1964, as well as many state laws, prohibit an employer from discriminating against an employee because of religion.  Religion includes many aspects of religious observance, practice and belief.  Additionally, Title VII, and many state laws require employers to make reasonable accommodations for an employee’s religious practice, unless the required accommodation would pose an “undue hardship” on the employer.

Read more

Preparing for the birth of a child should be a happy time.  But some employers discriminate against pregnant employees who may take time off to attend doctor’s appointments or who intend to take parental leave under the Family and Medical Leave Act or other laws. Employers may demote, fail to promote, reduce the hours or pay, or terminate a pregnant employee.  A highly qualified job applicant may find that she is not hired because of her pregnancy.

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Jackson Spencer Law

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    The attorneys at Jackson Spencer Law are here for you.  We know the law — and we know the rights and protections that employers owe to their workers. Whether it’s negotiating a severance package or a settlement with an employer, navigating the complexities of a whistleblower case, or taking a discrimination lawsuit to court — let our Texas legal team go to work for you.

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    Jennifer Spencer

    Attorney

    An experienced trial lawyer and CPA known for her aggressive, organized, and highly effective litigation style, Jennifer Spencer is a champion for the rights of those who have been wrongfully terminated, discriminated against, sexually harassed, terminated after whistleblowing, passed over for promotions or otherwise wrongfully treated in the workplace.

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      Neal Bridges

      Attorney

      Neal Bridges approaches every employment matter with the understanding that he’s not only delivering justice for his clients, but also peace of mind and hope for the future. He is experienced in a wide array of employment law situations, from negotiating severance agreements to representing clients in litigation over wrongful termination, workplace discrimination, or retaliation.

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      James Hunnicutt

      Attorney

      James Hunnicutt’s entire professional history has been focused on advocating for those who have been taken advantage of and treated unfairly. He draws on his background as a consumer protection lawyer to advocate for employees who have been treated unfairly in the workplace, and he works aggressively and thoroughly to vindicate employees’ rights.

      Contact Us To See If We Can Help

        Practice Areas

        Jackson Spencer Law

        The employment attorneys at Dallas-based Jackson Spencer Law have in-depth experience in representing employees who are in disputes with their employers. How can we help you?

        Jackson Spencer Law

        Wrongful Termination

        If you were recently fired and are questioning the legality of your termination, we need to talk. Read more

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        Retaliation Claims

        Your employer can’t punish you for engaging in a legally protected activity. Know your rights. Read more

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        Sexual Harassment Claims

        A glance at today’s headlines tells you harassment is a huge issue. Let’s talk about what you’re experiencing. Read more

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        Whistleblower Cases

        What can you do if you learn of illegal activity at work? Plenty. Learn about your rights — and possible rewards. Read more

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        Severance Negotiation

        If you were offered a package, was it fair? If not, we’ll help you fight for what you deserve. Read more

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        Overtime and Back Pay

        Not all employees are eligible for overtime — but many are. We’ll help determine what you’re owed. Read more

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        Contracts and Employee Handbooks

        Are you an employer? Handbooks and codes of conduct aren’t required, but they’re always a good idea. Let’s make sure you’re covered. Read more