Texas Labor Code Anti Discrimination Provisions

With respects to prevention it is imperative to the legal materials than it is to looking at solving complications after the fact for one’s that are existing. Preventive measures (PM) are a better alternative than trying to fix complications. When establishments do not take the Equal Employment Opportunity (EEO) laws seriously, and they do not have any preventive measures to stop things that can lead to legal actions they will always have a problematic and a less than efficient establishment.

Judge Rosenthal, sanctioning the preservation of LGBTQ liberties as citizens of the United States, went beyond the federal ordinance of the initial intentions of the bill, becoming the first federal judge in Texas to ban discrimination against the LGBTQ population (Bollinger, 2018, Muraco).

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

There are civil rights and civil liberties but they do not mean the same, a civil right is those rights protecting us from discrimination (14th Amendment in US Constitution) & Section 3 & 3a in Texas Constitution whereas a civil liberty is those rights protecting us from government (Bill of Rights in US Constitution) & most of Texas Bill of Rights. One of the Texas Constitutions states that in Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative (Added Nov. 7, 1972.). This is a civil right because sex, race, color, creed, or national origin can all be discriminated, for example not long ago innocent men were shot based

The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.

The filing of the charge triggers an EEOC investigation into whether or not there is reasonable cause to believe that the employer did in fact illegally discriminate against an individual in violation of Title VII, the ADEA the EPA and/or the ADA. There are no restrictions on the duration of an EEOC investigation, and the EEOC has the authority to inspect the employer's workplace, obtain employer documents, and interview witnesses. An employer may be asked to submit a written statement of position to explain its version of events. At some point in the investigation, a fact-finding conference might be held. Relatively informal, a fact-finding conference is attended by the charging party, respondent and necessary witnesses. No official record is made and witnesses are not placed under oath. Most employers bring counsel to the conference.

At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

EEO states which is that EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

EEOC’s role in this case was to file lawsuit against the employer (Exel) on behalf of the

The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriff's division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with "discovery "when the company or defendant responds. The "discovery" stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005).

The immediate problem of concern is whether the claim has some truth. The complainant presented the HR manager with a group (black employees) that are protected by law, but are being disproportionately impacted. This constitutes the initial burden.

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

It is not my recommendation that ABC wait for the EEOC to perform investigation and file suit against the company. In recent history these proceedings become public affairs and will reflect poorly on ABC and its management regardless of the court’s ruling. ABC’s management should begin mediation with David to prevent suit being filed with the goal of settlement outside of court with ABC’s remedial options including:

If an employee feels they are being harassed on any of those grounds, the can take a claim to the Equality Tribunal.