Most issues addressing retaliation are addressed specifically in other areas of this website. For example, Texas has specific statutes that protect Whistleblowers from retaliation and also protects workers who file claims for workers compensation under Texas workers compensation laws. The law firm of Rosenberg Sprovach is specifically trained to identify issues that give rise to any form of retaliation claims.
The issue that causes the most concern for potential clients is the fear of being retaliated against for bringing a claim against their employer and this is what will be addressed in this section. For example, we see many situations where an employee is working for the same company for a long period of time and does not want to do anything that will place their career in jeopardy. They see that things at the job start to change. Opportunities to promote are not there to the extent that they used to be. Younger people are getting better chances to move up in the company at the rate that they used to. They think that this may be based on something illegal such as race, age or national origin but are afraid to rock the boat for fear of retaliation.
In another example, somebody knows that they are not being paid correctly and wants to assert an overtime claim but is again afraid to do so, for the same reason, they are afraid to cause trouble. They are afraid that if they do something to protect their rights, the company will fire them and it won’t be worth what they did.
The answer to this concern for many is relatively simple. Both Texas and federal employment law have anti-retaliation provisions built in to the statutes that address employment discrimination. For example, the Fair Labor Standards Act and the Family and Medical Leave Act both contain explicit anti-retaliation provisions that prohibit employers from retaliating against employees who take action under those statutes to protect their rights such as filing lawsuits. Similarly, an employee who files a Charge of Discrimination with either the Equal Employment Opportunity Commission (“EEOC”) or the Texas Workforce Commission – Civil Rights Division (TWC-CRD”) is protected against retaliation as well. We often see situations where the retaliation aspect of a potential client’s claim is actually better than the underlying discrimination claim due to the temporal proximity (relationship in time) between the filing of the Charge of Discrimination and any potential adverse job action that comes about as a result of the filing of the Charge of Discrimination.