Workplace Discrimination

Workplace discrimination is adverse treatment of employees or applicants on the basis of legally-protected characteristics. Federal and Texas statutes prohibit discrimination based on race, color, national origin, religion, sex (including pregnancy and, under Title VII as read in Bostock, sexual orientation and gender identity), age (40+), disability, and genetic information. Texas employers face overlapping federal and state regulatory regimes.

Protected characteristics

Race, color, religion, sex (including pregnancy, childbirth, and related medical conditions; under Bostock v. Clayton County (2020), sexual orientation and gender identity), national origin, age (40 and over), disability, genetic information. The Texas Commission on Human Rights Act lists race, color, disability, religion, sex, national origin and age (Tex. Lab. Code § 21.051) and separately covers genetic information (§ 21.402). It does not expressly address sexual orientation or gender identity.

Forms of discrimination

Disparate treatment: intentional adverse action based on a protected characteristic. Disparate impact: facially-neutral policies that disproportionately affect a protected group without business justification. Harassment: unwelcome conduct based on a protected characteristic that creates a hostile work environment. Retaliation: adverse action against an employee for engaging in protected activity (filing a complaint, participating in an investigation).

Coverage thresholds

Title VII applies to employers with 15+ employees; ADEA applies to employers with 20+ employees; ADA applies to employers with 15+ employees; Tex. Lab. Code Ch. 21 applies to employers with 15+ employees, except that its sexual harassment provisions reach employers with one or more employees (§ 21.141).

Procedural prerequisites

Title VII, ADA and ADEA claims require an EEOC charge filed within 180 days of the discriminatory act, or within 300 days where a state agency has authority over the practice, as in Texas. Texas claims require a complaint with TWC within 180 days, or within 300 days for a complaint alleging sexual harassment (Tex. Lab. Code § 21.202).

Remedies

Backpay, front pay, compensatory and punitive damages (capped by employer size under Title VII, the ADA and Chapter 21; punitive damages are unavailable against government employers), attorney's fees. Under the ADEA, a willful violation adds liquidated damages equal to the back pay owed (29 U.S.C. § 626(b)). Equitable relief (reinstatement, injunction).