We handle a wide array of unemployment cases in the Dallas Fort Worth metroplex. We would be happy to discuss your case and develop a legal strategy that fits your situation.
Both federal and state laws statutory laws and common law protect against discrimination in the workplace. Both the Equal Employment Opportunity Commission “EEOC” and the Texas Workforce Commission “TWC” enforce applicable laws. Most employments must first go to the EEOC and/or the TWC before being brought into court.
Federal laws protect against discrimination based on age, race, color, national origin, disability, harassment, pregnancy, religion, retaliation, and sex.
American with Disabilities Act “ADA”
Age Discrimination in Employment Act “ADEA”
Title VII of Civil Rights Act of 1964
Immigration Reform and Control Act of 1986
Pregnancy Discrimination Act “PDA”
Harassment is one of the larger litigated areas in employment law.
In an harassment case, the employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor’s harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
Depending on the type of claim, claims must be filed with the TWC within 180 days after the adverse action or the EEOC within 300 days of the adverse action.
Before a lawsuit is filed, you must exhaust all administrative remedies and complete the process through either TWC or EEOC.
The investigation process can last up to 18 months or longer because of the current backlog of cases.