Austin Discrimination Lawyer
Discrimination in any form should never be allowed to affect an individual’s employment prospects. Sadly, the truth is that far too many employers engage in discriminatory behavior towards current and potential workers, whether consciously or not. In these circumstances, workers may need to turn to legal action in order to ensure that their rights are upheld and that discrimination is not allowed to persist. Workplace discrimination cannot and should not be tolerated. Unfortunately, we at The Melton Law Firm have seen many Austin employers discriminate against their employees, causing them untold emotional and financial harm. However, any employer that discriminates against an employee can be held legally accountable for their actions and the harm they cause. Employment attorney John F. Melton will review the details of your case and will guide you through the legal process.
Over the last several years, The Melton Law Firm has quickly grown to become a prominent fixture in the local community. As an Austin native, Mr. Melton holds an immense amount of respect for the people who live and work in the city. He has no tolerance for discrimination in the workplace and will work diligently to ensure that the rights of Austin residents are protected. The Melton Law Firm will review the facts of your case. We invite you to fill out our email form or call us at (512) 330-0017 with any questions about an employment issue.
Do I need an employment lawyer?
If you feel that an employee has discriminated against you at any part of the employment process, we understand that you may be frustrated and looking for answers. As an employee, you are legally protected from discrimination. The process of filing a complaint and discrimination claim can be difficult, especially if your employer denies such allegations.
Knowing how laws are enforced and your rights as an employee can be difficult to fully comprehend. A skilled employment lawyer will be able to review the facts of your case and discern which laws work in your favor to protect you from discrimination in the workplace. For this reason, we always recommend that a client pursue the legal representation of an employment lawyer before venturing into the legal process. Let us handle the paperwork, research, phone calls and negotiation as it pertains to your discrimination claim. Our team will work tirelessly to ensure that you receive the treatment and results you deserve.
Why choose The Melton Law Firm to handle my case?
Since 2014, John F. Melton at The Melton Law Firm has represented hundreds of people in Austin and all over the state of Texas. Over the last few years, he has received a national reputation for his work on behalf of Texas employees who have faced discrimination at the time of hiring, firing, or during the course of employment. John F. Melton is Board Certified in Civil Trial Law and Labor and Employment Law, he was listed in Texas Super Lawyers from 2011 to 2016, and is a Fellow Member of the Texas Bar Foundation.
Not only is The Melton Law Firm team highly qualified, they’re prepared to listen to your case with compassion and fight tooth and nail for the rights you deserve.
Common Types of Discrimination
Federal and state laws have created a wide range of different legal protections against discrimination for workers in a variety of different situations, particularly to prevent discrimination on the basis of:
- Age: The Age Discrimination in Employment Act (Race: Possessing or being related to someone with physical features of a certain race are never grounds for discrimination. Discrimination against skin color complexion is something we take very seriously and have no tolerance for.
- National Origin: If an employer has discriminated against you because of your national origin or because of what they believe your national origin to be, you are legally protected from such behavior. All ethnicities and different accents should have no effect on the way someone is treated in the workplace.
- Gender: Gender identity or sexual orientation should not be a factor whatsoever in an employer’s treatment or perception of an employee. Discrimination against people for such reasons is a violation of Title VII and are legally prohibited.
- Disability: The law protects those with disabilities covered by the Americans with Disabilities Act or the Rehabilitation Act form discrimination. Furthermore, an employee is required to provide “reasonable accommodation” to an employee or applicant “unless doing so would cause significant difficulty or expense for the employer (‘undue hardship.”) Failure to provide adequate accommodations or to discriminate against an employee with a disability is unlawful.
When a person is discriminated in the workplace for these or other protected qualities, they can take legal action against the employer, allowing him or her to get the justice they need and deserve. John F. Melton is dedicated to ensuring that his clients are treated fairly regardless of age, race, national origin, gender or disability. Mr. Melton will pursue justice for your claim as he feels it should be expected that all qualified employees receive equal access to employment, opportunities and pay.
Frequently Asked Questions
What should I do if I am being discriminated against at work?
All employees deserve to feel safe and respected in the workplace and if you are experiencing discrimination from your employer, whether it is consciously or not, you should seek help from a knowledgeable employment lawyer like the ones at The Melton Law Firm. If you believe that you have experienced discrimination in the workplace, you should keep all correspondence, performance reviews, and any other relevant documentation. Record the date, place, parties involved, the exact details of each discriminatory incident. These precautions will only make your case stronger if you decide to pursue a case against your employer. It is also important to review your company’s discrimination policy to learn about their specific policies and procedures for reporting discrimination. It is important to seek the help of an experienced lawyer as soon as you can to help put a stop to the unfair treatment that you and likely others have experienced.
I Was Terminated From My Job. Do I Have a Case Against My Employer?
Texas is an employment-at-will state, so an employer can terminate any employee at any time for any reason. However, if you believe that you have been wrongly terminated on the basis of discrimination, it is important to seek the advice of an employment lawyer. While this is an at-will employment state, an employer cannot fire an employee if their reasoning is based on certain factors. An employer may not breach a contract or discriminate against you based on race, color, religion, sex, national origin, age, or disability. “Whistleblower” laws also prevent employers from firing employees who speak up about an illegal or unethical activity. Naturally, these claims can be complex and an investigation is often required to uncover the facts. If you feel that your employer has discriminated against you, our experienced attorneys will fight on your behalf to get you the justice you deserve.
What Types of Compensation Am I Owed if I Have Been the Victim of Discrimination?
In the event that you prevail in court, you may be reinstated to your old job. This is not always a practical solution, and it is more common for employees to seek financial compensation and move on with their careers elsewhere. You may discover that you are owed lost wages, benefits, and possibly additional compensatory and punitive damages from your employer. While you may consider filing a claim on your own, it is advisable to have an experienced attorney who knows the process and the tricks that your employer’s legal team may try to pull to reduce, dismiss, or diminish your claim. Call us today for a consultation on your case to discuss the best plan of action for your case.
Discrimination Facts and Statistics
The EEOC considers the following types of discrimination as prohibited: age, disability, equal pay/ compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment.
The U.S. Equal Employment Opportunity Commission reported that there were 9,308 total charges of discrimination in Texas in the fiscal year 2016. This number accounts for 10.2% of total charges in the U.S. Charges from racial discrimination made up 34.9% of the total charges made in the state. There were 2,765 charges for discrimination against sex. 12.8% of total state charges were due to discrimination charges of national origin. Discrimination against age in Texas made up 9.6% of U.S. age charges in 2016. 29.8% of total state charges were due to disability discrimination.
The EEOC reported the time limits for filing a charge are “180 from the day the discrimination took place.” Additionally, “if a state or local agency enforces a law that prohibits employment discrimination on the same basis,” that deadline is extended to 300 calendar days. A charge alleging the violation of the “Equal Pay Acts does not require a charge of discrimination with EEOC.” However, a Title VII charge must be filed with the EEOC.
Speak with a Discrimination Attorney in Austin
If you have been the victim of workplace discrimination, you don’t have to accept the mistreatment you’ve experienced. With the help of our attorneys at The Melton Law Firm, you may be able to fight against the discrimination you have experienced and get just compensation. Find out more about what we can do to rectify the treatment you have received. Esteemed discrimination lawyer John F. Melton at The Melton Law Firm will review the facts of your case. We invite you to fill out our email form or call us at (512) 330-0017 with any questions about an employment issue.