Retaliation Prohibitions in Title VII of the Civil Rights Act
Title VII of the Civil Rights Act reads in relevant part, "It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment ... because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." Title VII covers discrimination on the basis of race, color, religion, sex, or national origin.
Retaliation Prohibitions in the Texas Labor Code
Similarly, section 21.055 of the Texas Labor Code specifies that an employer may not retaliate or discriminate against an employee who:
- opposes a discriminatory practice
- makes or files a charge of discrimination
- files a discrimination complaint or
- testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.
Like Title VII, the Texas Labor Code prohibits discrimination on the basis of race, color, religion, sex, or national origin. It also adds protections against discrimination based on disability or age. Discrimination because of age or disability is also prohibited at a federal level by the Age Discrimination in Employment Act (ADEA) and the Americans with Disability Act (ADA), respectively.
What Does My Dallas Employment Discrimination Lawyer Need to Prove?
To state a claim for retaliation, you and your attorney must show four things:
- You engaged in protected participation or opposition
- Your employer was aware of your protected activity
- You suffered adverse treatment following the protected activity; and
- A causal connection exists between your protected activity and the adverse treatment.
You do not need to have been fired from your job to have been unlawfully retaliated against. You can also state a claim for demotion, reduction in pay, or any other adverse employment action.
If you have been the victim of employment retaliation, a Dallas employment discrimination lawyer may be able to help you get reinstated to the position you formerly held. You may also be eligible to receive back pay for the time you were off work. For a free evaluation of your case, please free to contact our Dallas employment law firm.