Typically, individuals with discrimination, sexual harassment and some retaliation claims must exhaust administrative remedies by first filing a charge with the Equal Employment Opportunity Commission (“EEOC”) or the Texas Workforce Commission- Civil Rights Division (“TWC-CRD”). We assist our clients with the filing of these charges with the appropriate agencies.

In Texas, when a person files a Charge of Discrimination with the EEOC, it is contemporaneously filed with the TWC-CRD. After the EEOC completes its investigation (in Houston and other major cities in Texas the Texas Workforce Commission/Division of Civil Rights’ investigation of the claim may be conducted by the EEOC) a right to sue letter typically is provided giving you 90 days from its receipt to file a lawsuit in Federal Court. In some situations, however, it is preferable to also request a right to sue letter from the TWC_CRD. This right to sue letter provides for a 60-day timeframe in which to file suit. Rosenberg Sprovach will assist and counsel as to the best forum to bring a particular case.

Types of Discrimination

Age
Includes claims arising under the Age Discrimination in Employment Act ("ADEA") and under the Texas Commission on Human Rights Act ("TCHRA") for all individuals 40 and over. Anybody over the age of 40 is in what is known as the “protected class.” Age may not be a motivating factor in any employment decision and younger employees may not be treated more favorably than older employees.

Gender
Includes claims for pregnancy, sex or gender discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964 and under the Texas Commission on Human Rights Act ("TCHRA"). Gender may not be a motivating factor in employment decisions. The Equal Pay Act also falls within this category. It ensures that females do not realize lesser pay than a male performing the same job function.

Sexual Harassment
Sexual harassment is considered by law to be discrimination based on gender. Texas and Federal statutes prohibit sexual harassment. The person subject to the harassment may be the same gender as the person who engages in harassment. Both women and men can be sexual harassers and the victim can be of either gender as well.

Sexual harassment includes:

• Threats and demands to submit to sexual requests as a condition of continued employment and offers of employment benefits in return for sexual favors.
• Unwelcome verbal conduct such as derogatory jokes, sexual advances or invitations.
• Unwelcome visual conduct such as derogatory and/or sexually-oriented posters, photographs, or e-mails.
• Unwelcome physical conduct such as sexual assault, unwanted touching, groping, or massages, simulated sex acts and blocking normal body movement.

Both federal and state laws prohibit an employer from retaliating against you for complaining or reporting sexual harassment.

Race
Includes claims for harassment, hostile environment, or failure to promote or hire under Title VII of the Civil Rights Act of 1964 and under the Texas Commission on Human Rights Act ("TCHRA") based on race or color. Racial discrimination may not be a motivating factor in employment decisions. Racial discrimination also includes racial harassment.

Disability
Includes claims under the Americans with Disabilities Act ("ADA") and under the Texas Commission on Human Rights Act ("TCHRA") based on a disability, perceived disability or report of a disability. A disabling condition may not be a motivating factor in employment decisions.

Religious
Includes harassment, discrimination, or hostile environment under Title VII of the Civil Rights Act of 1964 and under the Texas Commission on Human Rights Act ("TCHRA") based on religion or religious practices or accommodations requested related to religion.

National Origin
Includes claims for discrimination or hostile environment under Title VII of the Civil Rights Act of 1964 and under the Texas Commission on Human Rights Act (“TCHRA”) because the employee is from a particular country or part of the world or because they appear to be of a certain ethnic background (even if they are not). One’s national origin may not be a motivating factor in an employment decision.