Employers cannot retaliate against workers who engage in legally protected behaviors such as reporting discrimination and sexual harassment.
Harlingen, TX – Employees in Harlingen and other cities around the country are protected from discrimination that is based on a protected characteristic such as race, gender, religion, sexual orientation, or national origin. Despite these legal protections, employers still engage in these kinds of practices and face consequences such as lawsuits and negative publicity. Those who are concerned about discrimination in their workplace should meet with a local attorney to explain their problems and receive advice about bringing a lawsuit or taking other actions.
Interviews and the hiring process
Sometimes, discrimination can begin before the person has formally accepted employment with the employer. Employers can potentially engage in discriminatory practices when interviewing or hiring workers, and use them to deny the person an employment offer. This can be a very fact intensive inquiry, so people who feel that they have been mistreated during the hiring process should try to share specific reasons or evidence with their attorney to try to prove discrimination actually happened.
Performance reviews as a pretext for discrimination
Many companies conduct annual performance reviews to go over a worker’s areas that need improvement and highlight any achievements they have made. While this sounds like a simple and objective task, the reality is that some companies will suddenly start giving negative performance reviews to a worker who becomes a victim of discrimination. This is because a bad performance review can help legitimize the employer’s acts and make them seem legitimate. The employer will then feel as if they have a reason to demote or terminate the person.
While it may not be obvious, sexual harassment is actually a type of discrimination that is based on gender or sex. This tends to happen in two different ways. The victim is either asked to perform sexual acts as a condition of employment or benefits, or they will be consistently mistreated by others to the point where they are in a hostile work environment. Regardless of the gender of the victim or the person responsible, any worker who has become a victim of sexual harassment has the right to take legal action.
Retaliation against those who report discrimination
Employers cannot retaliate against workers who engage in legally protected behaviors such as reporting discrimination and sexual harassment. Any workplace that does so can face an additional lawsuit to pay damages to the victim.
Discrimination attorneys in Texas
Moore and Associates is a law firm that deals with labor and employment matters such as unpaid wages, overtime law, discrimination, and sexual harassment. Their lawyers are available to give more specific advice to anyone who needs help.