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Safeguarding Your Rights In The Workplace

Terrence Bouvier Robinson

Houston Legal Blog

Impacts of employment discrimination, even when it is subtle

When some individuals think about workplace discrimination claims, they might mistakenly think that the complainant is just being sensitive. This misconception has been causing problems for a long time, especially when the discrimination is subtle.

Employment discrimination has a host of impacts, some of which affect the employee and others that impact the clients or patrons of the business. It is imperative that everyone understands exactly what can happen when employers are allowed to discriminate against employees at will.

Leaving a discriminatory workplace: 2 helpful tips

No one wants to be in a workplace where he or she feels threatened, harassed or discriminated against. It's equally as frustrating to be terminated based on your gender, sexual preferences, disability or other reasons.

As someone who needs to protect his or her job, it's important that you keep track of why you're being terminated. If it turns out that the termination was wrongful, you can seek a claim against your boss and, in some cases, try to take back your job.

Disabilities must not be basis of discrimination at work

The workforce in America is diverse. Keeping it that way and providing opportunities to the citizens and immigrants here is one thing that keeps this country moving forward. Sadly, some employers decide that discrimination is perfectly acceptable.

The law disagrees with this. Employers can't discriminate against people based on protected statuses. One of these protected statuses is a disability.

Religious discrimination and harassment require swift action

Many different forms of discrimination can occur in the workplace. One that isn't often discussed is religious discrimination. This type of discrimination isn't always easy to spot, so employees must pay close attention to what is being said and done in the workplace.

Religious discrimination is forbidden by federal and state laws. Title VII of the Civil Rights Act of 1964 provides protection on the federal level. Texas Labor Code Chapter 21 offers protection at the state level. Here's what you need to know:

Signs that might point to age discrimination

As the majority of the population is getting older, age discrimination is becoming much more prevalent in the workplace. You may have recently seen management force one of your colleagues into retirement, or maybe you heard a story about another friend in the Houston area that did not get a job because he was not a good fit with the culture of the company. Unfortunately, there are several ways that employers can hide age discrimination in the workplace.

If you have concerns that you might be a victim of age discrimination, there are certain signs that you can look for. Read below to find out more about age discrimination indicators.

Know what constitutes employment discrimination

Employees shouldn't have to deal with any form of discrimination. You should be able to work, and to find a job, without having to worry that you will be a target simply because of a protected status.

There are several statuses that are protected by the law. It is important that all employees know what these are so that they can be sure they aren't the victim of forbidden discrimination.

I Hate My Job, Should I Just Resign?

Often, due to discrimination, harassment or other unfair treatment, employees feel like they simply want to walk away from their job and the difficult situation in which they find themselves. While it's true there may be times when a work environment is so toxic that quitting may be the only option, it is important to understand the legal ramifications of a decision to simply resign.

Resigning your employment can affect (1) your right to unemployment benefits, (2) your right to seek damages in the form of lost wages due to discrimination, unlawful harassment or other legally prohibited treatment, and (3) frankly, your ability to find new employment. Before you quit - consult your local employment law specialist!

What you should know about wrongful termination

Imagine that you filed a safety complaint about an incident at work. A few days later you started to experience hostility from your supervisor. A few days after that, your boss called you into the office and handed you a pink slip. Your employer had just fired you from the job you had worked for the last 10 years. Since Texas is a work-at-will state, your boss could have let you go for any number of reasons. However, if you lost your job due to filing the safety complaint, you might be able to take legal action.

If you feel like you were wrongfully terminated from your job, you may be able to fight back. A Houston area attorney with employment law experience can help you get the compensation you deserve after a wrongful termination. Read further for more information on workplace retaliation and your rights.

3 things pregnant women should know about discrimination

A pregnancy is a joyful time for most women, but some women feel a sense of dread when they realize they will have to tell their employer about the pregnancy. Discrimination is the cause of the dread. Fortunately, pregnant women have specific protections against discrimination in the workplace. These protections extend through the breastfeeding period. Any pregnant woman should learn about the protections in place for her.

What are your rights to FMLA leave?

Sometimes unexpected issues come up that change our schedules and our lives. The Family and Medical Leave Act (FMLA) allows people to take long absences from work for family or medical reasons. FMLA leave can be taken for up to 12 weeks and ensures that an equivalent position is still open to the employee when they return.

But are you allowed to take FMLA leave anytime? What rights must your employer uphold while you are absent? Knowing the answers to these questions can help you recognize whether or not you are being given fair leave if you need it.

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