Types of Employment Discrimination

Workplaces can be extremely tense environments. While these environments can be shaped into more positive atmospheres, tense work environments are usually the basis of employment litigation. Many people think employment discrimination is just discriminating based on the color of someone’s skin, but there are many types of employment discrimination that create hostile work environments, prevent growth of hardworking employees, and lead to extensive litigation.

Types of Employment Discrimination

Sadly, employment discrimination comes in many forms. The Texas Workforce Commission divides employment discrimination into nine different categories, including:

  • Age – Age discrimination can be against the very young or the very old. Regardless of someone’s age, they should be evaluated based on their skillset, not just a number.
  • Sex – Although women are commonly discriminated against because of their sex, anyone can be a victim of sexual harassment and/or discrimination.
  • Color – Workers are protected against discrimination based on the color of their skin during hiring, termination, promotion, compensation, or job training. Unfortunately, many employers violate this protection.
  • Race – While racial discrimination is similar to discrimination based on color, it provides additional protection against discrimination based on physical characteristics, cultural practices, and even medical conditions that predominately affect one race over others.
  • Nationality – Protection against nationality discrimination goes beyond where an individual was born; it also includes ancestry, culture, or linguistic characteristics common to a specific ethnic group.
  • Religion – Religious discrimination goes beyond intolerance of someone’s personal beliefs. This type of discrimination can include refusing to allow workers to observe religious holidays or refusing to accept an employee’s religious dress.
  • Disability – Many people with disabilities struggle to obtain jobs and pursue careers. Even when people with disabilities obtain work, their employers must make reasonable accommodations for them.
  • Emergency Evacuation – In times of natural disasters, people may need to evacuate their homes to safe locations. If this occurs, these workers are protected from termination and other types of employment discrimination.
  • Retaliation – Any employee that makes a complaint regarding discrimination is also protected from retaliation by his or her employer.

Employment Discrimination Attorneys

At Feldman & Feldman, we have helped many individuals and companies with employment discrimination matters. We understand that sometimes the best course of action isn’t in the courtroom, and our experienced negotiators can help bring a successful resolution without going to court. And, when the need arises, we can also aggressively fight for clients in civil trials and defend our victories on appeal.

If you believe you have been discriminated against, or if you are a business facing discrimination litigation, contact us today. We can explain your legal options and protect your best interests.

Five Ways To Prevent Employment Litigation

Running a business is no small feat. Whether you own a small mom and pop company or employ thousands of employees, you are going to face legal issues that can jeopardize your business. In addition to a wide variety of business litigation issues, companies can also face employment litigation. Employment litigation can be damaging in many ways. Not only can it be expensive, but it can also tarnish a company’s reputation and take a serious blow at the morale of current employees. However, there are many steps companies can take to prevent employment litigation.

Prevent Employment Litigation With These Five Strategies

Many businesses might be reluctant to spend time implementing employment litigation prevention strategies, but the reality is that without these strategies, they are opening themselves up to serious risk. These five tips can go a long way in preventing employment issues.

  1. Have written procedures for conduct. In light of the #MeToo movement, more victims of sexual harassment are empowered to share their experiences. Sexual harassment and discrimination of any kind have no place in the workplace. Companies should have written rules for conduct that not only forbids discriminatory behavior, but also provides consequences for employees that do discriminate against others. Companies should also have written procedures for clock-in and clock-out requirements and overtime regulations.
  2. Provide adequate training. There are numerous types of training that can help maintain a safe workplace. Things like safety training, sexual harassment and discrimination training, and wage and hour regulation training will go a long way toward preventing future litigation. While most companies only offer training to managers, a company can greatly benefit from offering this to every employee.
  3. Provide a method for employees to submit complaints. Employees should have an avenue to submit information about complaints, harassment, or violations so they can be resolved as quickly as possible. Some employees like to submit complaints anonymously, so employers should create a system that allows for anonymity.
  4. Establish dispute resolution procedures. Preparation is key to handling employment disputes. By defining processes before they are needed, companies can clear a pathway to resolution.
  5. Don’t wait to contact an attorney. No matter is too small for an attorney. If an employee submits a complaint, an attorney can help resolve the issue efficiently.

Employment Litigation Help

The employment litigation lawyers of Feldman & Feldman are experienced in working with businesses of all sizes. We can institute preventative measures or represent you if an issue has already occurred. Contact us today to schedule an appointment to discuss your situation.