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FOCUSED PRACTICE AREAS
Employment Discrimination
Retaliation
Family and Medical Leave Act (FMLA)
Non-Competition Agreements
Overtime Compensation
Severance & Employment Agreements
Sexual Harassment
Whistleblower
Wrongful Termination
Worker's Compensation Retaliation
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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 filing these charges with the requisite agencies.

In Texas, when a person files a Charge of Discrimination with the EEOC, it is contemporaneously filed with the Texas Workforce Commission/Division of Civil Rights. 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 Texas Workforce Commission/Division of Civil Rights. This right to sue letter provides for a 60 day timeframe in which to file suit. If the employer in question is Texas based, Federal Court (typically a more difficult forum for employees to prevail) may be avoided and suit can be brought in state court, generally a more favorable forum.


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.

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").

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.

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.

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).