Workplace Discrimination

Workplace discrimination is adverse treatment of employees or applicants on the basis of legally-protected characteristics. Federal and Texas statutes prohibit discrimination based on race, color, national origin, religion, sex (including pregnancy and sexual orientation), age (40+), disability, and genetic information. Texas employers face overlapping federal and state regulatory regimes.

Protected characteristics

Race, color, religion, sex (including pregnancy, childbirth, and related medical conditions; under Bostock v. Clayton County (2020), sexual orientation and gender identity), national origin, age (40 and over), disability, genetic information. Texas Commission on Human Rights Act covers the same characteristics with substantially identical protections at the state level.

Forms of discrimination

Disparate treatment: intentional adverse action based on a protected characteristic. Disparate impact: facially-neutral policies that disproportionately affect a protected group without business justification. Harassment: unwelcome conduct based on a protected characteristic that creates a hostile work environment. Retaliation: adverse action against an employee for engaging in protected activity (filing a complaint, participating in an investigation).

Coverage thresholds

Title VII applies to employers with 15+ employees; ADEA applies to employers with 20+ employees; ADA applies to employers with 15+ employees; Tex. Lab. Code Ch. 21 applies to employers with 15+ employees.

Procedural prerequisites

Federal claims require an EEOC charge filed within 300 days of the discriminatory act (180 days where no state agency exists; 300 days in Texas due to TWC dual-filing). Texas claims require a TWC charge within 180 days.

Remedies

Backpay, front pay, compensatory damages, punitive damages (capped by employer size under Title VII), attorney's fees. Equitable relief (reinstatement, injunction).