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The Law Prohibits All Kinds of Discrimination
According to federal law, employers and many other types of institutions are prohibited from discriminating against people based on certain attributes. This could range from the national origin, religion, and skin color to gender and medical background. There are times when people are denied access to top medical services, education, employment, housing, or any other services due to certain discriminatory reasons. If you have suffered such a fate, ensure that you seek the help of our attorneys at Take That To Trial.
We offer a free, comprehensive consultation to help you explore your legal options. Homophobia, racial discrimination, and other types of discrimination are strictly frowned upon. Everyone deserves the right to be treated right and fair. This is why our experienced attorneys at Take That To Trial will work tirelessly to get you compensation for any damages you may have suffered from discriminatory abuse.
Major Causes of Discrimination
Discrimination is omnipresent, and to say NO to it, we must understand what causes it, how to detect it, and how to change it. Some major causes of discrimination are explained as follows:
Representation in media
Failing to recognize discrimination
Rash, unconscious judgments
Types of Discrimination
Even though society frowns at discrimination, individuals are often confronted with one form of discrimination or the other. Being able to identify the types of discrimination can help in kicking it out. Some common types of discrimination are introduced as follows:
Age discrimination involves treating someone less favorably because of his or her age. At the workplace, age discrimination may render applicants or employees being treated unfairly due to their age.
According to the Age Discrimination in Employment Act (ADEA), age discrimination is forbidden against people who are age 40 or older. However, this law does not protect workers under the age of 40. However, you will find many states that have laws designed to protect younger workers from age discrimination.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Age Discrimination & Harassment
It is illegal to harass someone because of their age. Harassment can come in different forms, including a derogatory or offensive remark that is made about someone else's age. While no law strictly frowns at simple teasing that is not so serious, harassment is illegal when it is done frequently and severely to an extent that it makes the environment hostile.
Race discrimination involves treating someone unfavorably due to the color of their skin. As a result, a person faces racial discrimination when they are treated unfairly because of their race. It represents the most common type of discrimination.
This type of discrimination can also involve treating someone unfairly because the person is associated with (or is married to) a person of a specific color or race. Racial discrimination involves derogatory remarks that are intended to goad the victims and trigger actions. In extreme cases, such discrimination can even result in violence.
Discrimination can cause feelings of being cheated on. If left unchecked, it can stir up chaos in society. To make society a better place, it is important to impose punishment on people who racially discriminate against others. This extends to work situations.
The law strictly frowns at discrimination in various aspects of employment. These could include employing, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Sexual Orientation and Gender Identity (SOGI) Discrimination
Discrimination against the sexual orientation of another person is a crime according to the law. This law applies to employees in their workplaces. According to the Supreme Court, firing individuals due to their sexual orientation or transgender status is in violation of Title VII’s prohibition on discrimination because of sex.
As the Court explained, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.” Take, for instance, if an employer fires an employee due to the fact that she is a woman who is married to a woman, yet would not do the same to a man married to a woman, the employer only took such an action due to the employee’s sex. This is because the action would never have taken place if the employee was not a woman. That is discrimination
In general, an employer covered by Title VII must not refuse to employ, fire, or take assignments away from a person or make derogatory remarks because customers or clients preferred to work or associate with people who have a different gender identity or sexual orientation.
Equal Pay/Compensation Discrimination
According to the Equal Pay Act, men and women in the same workplace should be given equal pay for equal work they must have done. It is not necessary for the jobs to be identical. Yet, they must be essentially the same. The content of the job (not the title) determines if the jobs are essentially equal.
All kinds of remuneration are governed by this law. These include salary, overtime pay, bonuses, life insurance, vacation, and holiday pay, profit sharing and bonus plans, cleaning or gasoline allowances, stock options, hotel accommodations, reimbursement for travel expenses, and benefits. If the wages between men and women are not equal, employers may not reduce the wages of either sex to equalize their pay.
An individual that proposes a violation of the Equal Pay Act may choose to go directly to court. They are not required to file an EEOC charge beforehand. However, the time limit for filing an EPA charge with the EEOC and the time limit for going to court is within two years. This begins from the time of the alleged unlawful compensation practice. By filing an EEOC charge under the EPA, you do not extend the time frame for going to court.
Religious discrimination involves treating someone unfairly due to their religious beliefs. The law goes beyond protecting only people who believe in traditional, organized religions, including Christianity, Buddhism, Hinduism, Islam, and Judaism. The law also protects others who have sincerely held religious and moral beliefs.
Furthermore, religious discrimination may also involve the unfair treatment of someone because they are married to - or associated with - someone of a certain religion.
Religious Discrimination & Work Situations
Much like other kinds of discrimination, this type extends to workplaces. The law prohibits discrimination in terms of any aspect of employment. This could include employing, firing, salary, job assignments, promotions, layoff, fringe benefits, training, and any other term or condition of employment.
According to the law, an employer or other covered entity is required to reasonably accommodate the religious beliefs and practices of an employee. This remains true unless doing so would have a significant negative impact on the operations of the employer's business. This implies that an employer may have to make reasonable adjustments to the work environment so that an employee may be allowed to practice their religion.
Some common religious accommodations may include voluntary shift substitutions or swaps, flexible scheduling, job reassignments, and modifications to workplace policies or practices.
Pregnancy discrimination is in violation of the law. The Equal Employment Opportunity Commission implements two federal laws, which protect job applicants and workers who are pregnant.
According to Title VII, sex discrimination is prohibited. This includes pregnancy discrimination. “Pregnancy” discrimination under Title VII can be based on:
Having or choosing not to have an abortion
A medical condition related to pregnancy or childbirth including breastfeeding/lactation
Birth control (Contraception)
Besides this, the Americans with Disabilities Act, also known as the “ADA,” forbids discrimination against an applicant or worker due to disability. This disability may also be related to pregnancy, including diabetes that develops during pregnancy.
It is safe to affirm that pregnancy itself is not a disability. This is especially true under the ADA. However, some pregnant workers may have one or more impairments that are associated with their pregnancy. This qualifies as a “disability”, according to the ADA.
According to the ADA, employers are also required to keep all medical records and information. These include those that are related to the pregnancy, as well as confidential ones and those in separate medical files.
National Origin Discrimination
National origin discrimination involves treating someone unfairly due to the particular country or part of the world they come from. This discrimination can also be due to their ethnicity or accent. People can also discriminate against the national origin of another person due to the national origin of who they are married to or associated with.
National Origin Discrimination & Work Situations
Discrimination because of the national origin of an individual is strictly forbidden at workplaces. These could include employment, promotions, remuneration, job assignments, layoff, training, fringe benefits, and any other terms that relate to employment.
National Origin & Harassment
As stressed earlier, it is quite illegal to harass someone due to their national origin. Harassment can be in the form of derogatory remarks about where the person came from or their accent. It is never a crime to tease someone else or make an offhand comment. However, discrimination involves the repeated use of offensive remarks to an extent that a hostile work environment is created.
If you are experiencing any kind of discrimination, you should take legal action for any emotional distress you may have suffered. At Take That To Trial, our lawyers will help you explore various legal options. We will help you file a lawsuit against the guilty party in court. Our attorneys will help increase your chances of receiving your Houston discrimination compensation claim.
Discrimination in the Workplace
It is safe to affirm that discrimination can be traumatizing and stressful for victims. In fact, it can even trigger feelings of insecurity. This may make you fear that your livelihood is at risk for reasons beyond your control. For this reason, we help you investigate discrimination cases to their full extent.
Sometimes, the definition of laws that govern discrimination can be difficult for workers and employers to understand. Discrimination at work involves someone that is a manager or a coworker who treats an employee differently or less favorably than others based on race, religion, sexual orientation, color, sex, age, pregnancy, national origin, genetic information, or gender identity.
Anytime an employer fails to employ, promote, or reward a deserving worker because of various discriminatory reasons, they are in violation of the law. It is also considered unlawful to terminate the appointment of an employee based on these reasons. This is regarded as wrongful termination.
Identification of Discrimination in the Workplace
Identifying discrimination can be subjective. While discrimination can be covert in rare cases, it can be subtle most times. Discrimination in workplaces often involves practices that subtly assign gendered roles and duties.
There are instances when highly qualified women may find themselves being relegated to secretarial responsibilities that their male colleagues are not expected to assume. It is also common in some establishments that employees with physical disabilities may become overloaded with more work than they are physically capable of handling. Others may even feel like they are qualified enough to assume a post that employees with fewer qualifications are constantly offered, for which they are overlooked.
Furthermore, discrimination may also manifest when there is a lack of diversity in the workplace. There are other examples of workplace discrimination, including constant offensive jokes, inappropriate questioning of employees, complaints and frustration unfairly targeted at specific employees, and more.
Why our Lawyers at Take That To Trial are Great for You
Having to constantly deal with discriminatory acts and remarks from people can be really frustrating. It can even result in emotional distress. For this reason, you need to seek the right legal assistance to pursue a compensation claim or file a lawsuit against a discriminator. At Take That To Trial, our lawyers are always ready to help you fight for your right. We have all it takes to offer the legal assistance you need.
We have years of experience
Our two decades of experience imply that we are more than capable of handling discrimination cases in Houston. Our experience makes us more likely to succeed in your case. After all, we have seen it all. We know all it takes to handle big obstacles as you pursue compensation for damages suffered.
Our extensive trial experience can be quite beneficial if you decide to take the case to trial. Our records speak for themselves. We will guide you and provide you with the right details you need to make informed decisions.
We are available at all times
We maintain a great attorney-client relationship. We consider your satisfaction to be the priority. For this reason, we are always available to answer any questions you have. Our attorneys are friendly and professional. We understand how sensitive and difficult your emotional distress can be.
We provide constant updates for our clients as their case develops. We help you carry out a thorough investigation to gather the right evidence needed to make a strong case. We will also explain to you all the legal options you can explore.
We have the resources to handle your case
The importance of additional resources to help you handle your case cannot be stressed enough. This will boost your chances of achieving success. We offer assistance at all levels and stages of the case. As a result, you experience a smoother overall experience and less hassle.
We may even hire psychologists and medical professionals to help us understand the severity of the damages and the pain you may be going through. We are willing to make the most of our resources to help you fight for your rights.
We offer a free consultation
You can schedule a free consultation with us. Our lawyers at Take That To Trial are always available to listen to your questions. There is no need for a retainer. We work on a contingency-fee basis. This means that you only pay us after we have won your case for you.
We only accept a percentage of the money we have won for you. So, you have nothing to worry about when it comes to affordability.
Reach out to us at Take That To Trial
Have discriminatory acts been directed at you constantly but you can't take it anymore? Or are you bothered by the level of harassment you receive at your place of work? Then, you should seek the right legal assistance. Indeed, there are certain characteristics that are beyond our control. For instance, it is impossible to choose where we were born in. As a result, treating someone unfairly because of their country of origin and other discriminatory reasons is wrong.
The importance of fairness and equality cannot be stressed enough. Yet, you find many people who unreasonably develop hatred towards another person just because of the color of their skin. This attitude often results in violent displays against victims or their complete segregation.
So, we understand how and what you are feeling if you are a victim of discriminatory remarks. We are here to render our assistance. To make the world a better place, equality and fairness are important. As a result, discrimination of any kind is strictly prohibited. You can schedule a free consultation with our competent lawyers.
We will listen to you and help you explore the best option you can consider. We will also help you file a lawsuit in court against an aggressor. If you also wish to pursue a compensation claim for the emotional stress that discrimination directed towards you caused you, then we are here for you.
We can never shy away from taking the fight to big companies. Our records speak for themselves. We are also available at all times. You can reach out to us via;
Ph: (832) 770-6100
Fax: (832) 426-5798
You can visit us at 1401 Cleburne St,
Houston, Texas 77004
We are eager to hear from you!
Frequently Asked Questions
1. What is "Unlawful Discrimination?"
Ans: Unlawful discrimination occurs anytime someone is treated differently and unfavorably by an employer, housing provider, or public accommodation due to the fact that they belong to a specific race, color, religion, gender identity, spousal affiliation, national origin or ancestry, disability, sex, and sexual orientation.
2. How do I know if I am being discriminated against?
Ans: Certain actions may show that you may have been discriminated against:
You are often treated differently from others in a similar situation due to the color of your skin, race, age, religion, sex, national origin or ancestry, disability, gender identity, spousal affiliation, sexual orientation; and
You suffer pain and emotional stress from the treatment
Your issue can be resolved through conciliation to include compensation for any actual losses incurred because of the discrimination. You may also choose to file a lawsuit against the discriminator in court.
3. Should I visit a lawyer if I am being discriminated against?
Ans: Yes, you should visit a lawyer as soon as you can if you are being discriminated against. By doing so, you can get the right legal assistance you need to pursue compensation for any damages you may have suffered. Our competent attorneys have all it takes to help you get the compensation you are entitled to if you have been discriminated against. Our attorneys have a combined experience of 20 years handling similar cases.
It should be stressed that there is a time limit for filing a lawsuit in the state of Texas. So, reaching out to our experienced lawyers at Take That To Trial as soon as possible is important. We have the resources needed to assist and guide you.