Houston EEOC Lawyer
Help & Charges of Discrimination / Retaliation
As Houston Employment Lawyers, we fight for our clients. We listen to you and help you get what you deserve. Rated the #1 Houston EEOC Lawyer, our firm has helped our clients get paid for an array of damages including wrongful termination, unpaid overtime wages, retaliation, disability discrimination, violation of medical leave (FMLA) rights, workers compensation, and harassment… the list could go on and on.
Our Houston EEOC lawyers make a living by fighting for our clients. We don’t get paid anything unless we win. We won’t back down against your current or former employer either. Let the best Houston EEOC Lawyer fight for you!
Like all of our other clients, you will be very happy you did. You can see what others are saying about us further down.
Long story short: every single client review we have gives us 5 out of 5 stars. Not many of them. Not most of them. Every. Single. One.
Our Houston EEOC Lawyers Protect Employees in Harris County and Texas
Your rights as an employee include the right to work in an environment free from discrimination and harassment. Our team at the Craighead Law Firm fights to protect our clients from employment discrimination and other employment issues.
Our Houston EEOC and Overtime Attorneys are fully equipped to assist you as you seek resolution in your case. Have you suffered from discrimination based on age, gender, race or national origin, disability, or pregnancy?
Our team of Employment Attorneys has experience handling lawsuits rooted in many forms of discrimination. While our record speaks for itself, we are happy to showcase how we can help you. If you’ve been discriminated against in these ways, we can help.
As Houston discrimination lawyers, we counsel and represent employees who have been discriminated against in Houston and throughout Texas. We are dedicated advocates of employee rights, and we will always seek to protect employees from any form of workplace discrimination.
Do I Need a Houston EEOC Lawyer to File a Charge with the EEOC?
In discrimination cases, you must file a complaint with the Equal Employment Opportunity Commission (EEOC). While there is no requirement to hire an EEOC lawyer, Houston employment attorneys like Clayton Craighead have a great deal of experience with these lawsuits.
As Houston EEOC lawyers, our team understands the process and acts as an advocate on your behalf. Filing an EEOC complaint can be a tricky, time-consuming process. With the right employment lawyer on your side, you have a source for sound legal advice. Moreover, our team handles the complaint for you, providing guidance on what to report and how to phrase it properly.
Additionally, working with our legal team makes your complaint stronger, and legal representation often causes the EEOC to take it more seriously.
Federal Laws Protect Employees from Discrimination
The Houston EEOC attorneys at the Craighead Law Firm assist employees who seek to file complaints with the U.S. Equal Employment Opportunity Commission (EEOC). This organization enforces the laws listed below. Whether you have suffered workplace discrimination or sexual harassment, you have options to protect your rights as an employee.
Contact our experienced EEOC and Overtime Attorneys to schedule a consultation. At your free case evaluation, we can further discuss your case.
According to the EEOC, the following federal laws prohibit job discrimination:
- The Civil Rights Act of 1964 (Title VII) prohibits discrimination in employment based on race, color, religion, sex, or national origin.
- The Equal Pay Act of 1963 (EPA) states that men and women doing equal work at the same employer should receive equal pay.
- The Age Discrimination in Employment Act of 1967 (ADEA) protects workers aged 40 years or older from job discrimination.
- Title I and Title V of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) protects individuals from discrimination based on disabilities.
- Sections 501 and 505 of the Rehabilitation Act of 1973 discrimination against persons with disabilities who work in the federal government.
- The Civil Rights Act of 1991 allows for monetary damages in cases of intentional employment discrimination.
Filing a Discrimination Claim in Texas
Both the federal government and the state of Texas regulate employment discrimination. At the federal level, the EEOC enforces laws prohibiting workplace discrimination against protected classes. In Texas, employment law protects Texas workers from unlawful discrimination rooted in those same factors. When you experience discrimination in the workplace, you have options to protect your rights.
At The Craighead Law Firm, our Houston discrimination lawyers counsel and offer legal representation to employees who face discrimination throughout Texas. In addition, we are dedicated advocates of employee rights, seeking to protect workers from any form of workplace discrimination.
Common Forms of Workplace Discrimination
The law requires employers to protect their employees from any form of discrimination they could face in the workplace. As Houston employment attorneys, we believe it is crucial that no one overlook discrimination.
Discriminatory practices have a toxic and detrimental impact on employees as well as the workplace in general. Moreover, discrimination in the workplace can have a severe impact on the following practices.
- Employee benefits
- Wage and compensation
- Hiring processes
- Employee safety
As an employee, it is your right to work in an environment free from discrimination. To combat discrimination at work, the first step is to identify the type of discrimination you experience. When you wish to pursue a claim of workplace discrimination, contact an experienced Houston EEOC lawyer.
Per the Age Discrimination in Employment Act (ADEA), employees over the age of 40 have federal protection. Under this statute, employers cannot base pay, firings, or job denial based on age. Moreover, employees may have a case when an employer replaces them with a younger employee or cuts their pay.
Under Title VII of the Civil Rights Act of 1964, the United States protects the civil rights of employees. Moreover, employees have protection against discrimination and retaliation based on their race. Some common examples of race discrimination follow.
- Not hiring based on race
- Not promoting based on race
- Utilizing racial stereotypes
- Derogatory and racist remarks
Above all, it’s important to remember that discrimination against race comes in many forms. As experienced Houston EEOC lawyers, our team is happy to discuss your situation and evaluate your case at a free consultation.
Retaliation Discrimination and the EEOC
Retaliation is by far one of the most common forms of discrimination. Moreover, it explains why some employees feel such fear and hesitation about confronting their employers. Whether it involves wage disparity, bullying, or an unpleasant environment, some workplaces foster an aura of fear around trying to change.
Oftentimes, employees believe the Human Resources department is there to help them. However, they are then shocked to find that the same department is involved in retaliation against them.
As Houston EEOC attorneys, we understand how uncomfortable confrontation can be. The reality, though, is that you should not fear that your job is on the line when you file a complaint of any kind. If you fear that reporting unfair treatment leaves you exposed to retaliation, it is crucial to contact a discrimination attorney to advocate on your behalf.
While many voice support for equal treatment of disabled individuals, they often find it more difficult to find employment. Moreover, they still frequently experience discrimination in their work environments.
While disabled individuals rarely apply for jobs for which their disability would disqualify them, companies are often unwilling to make the necessary changes to accommodate someone with impaired hearing or mobility. In addition, employers often make the incorrect and gruesome assumption that a disabled employee doesn’t fit their company’s image or culture.
Typically, religious discrimination is when an employer considers someone’s religion in their hiring, firing, or other employment decisions. However, it may also include harassment by the employer or other employees based on your religion.
When an employer fails to accommodate your religious needs in a reasonable manner, that is a violation of the law. For instance, when a boss fires someone because they missed work over a religious holiday, the courts may hold the company liable for lost wages in addition to other damages.
Sexual Discrimination – Houston EEOC Attorneys Tackling Sexism
Sexual discrimination often aligns with homophobia in addition to misogyny. 100 years ago, women did not have the right to vote. Until recently, gay marriage was illegal across the United States. While we consistently see progress made, it is more often than not an uphill battle.
Unfortunately, women and LGBTQ+ individuals regularly experience harassment and wage disparity in the workplace.
What Is Pregnancy Discrimination?
Per the EEOC and the Pregnancy Discrimination Act, unlawful discrimination includes the following.
- Discriminatory practices in hiring, issuing health insurance or benefits, or promotions on the basis of childbirth, pregnancy, or relevant condition
- Refusal to provide the same considerations as temporarily disabled workers to pregnant workers, including modification of tasks or alternate assignments
- Prohibition of employees from returning to work for a predetermined amount of time after the birth of a child
- Refusal to hire pregnant women because of the pregnancy, prejudices of co-workers or clients, or conditions related to the pregnancy
The Family Medical Leave Act (FMLA) entitles employees to a total of 12 workweeks of leave during a 12-month period due to the birth of a child. This federal act allows parents to care for their children and recover from the birthing process.
When your employer denies you temporary disability, maternity leave, or any of your rights under the FMLA, contact our EEOC attorney. Houston workers deserve an advocate who will stand up for that, and Clayton Craighead is ready to fight for you.
Houston EEOC Attorneys: Signs of Discrimination in the Workplace
Discrimination comes in many forms. It can be intentional or unintentional, direct or indirect. At times, it takes the form of an offhand joke, seemingly harmless from the perspective of the perpetrator.
There are numerous signs that point to discrimination in the workplace. The following are some of the most common.
A Lack of Diversity
When an employer consistently hires individuals of a specific race, age group, sexual orientation, or gender while diverse applicants are available, it may be a sign of intentional discrimination.
When a company discriminates against an employee, their discipline may seem unfair. Another potential sign is overly harsh criticism of their work relative to other employees.
Unfortunately, this is a common tactic by which the management creates a paper trail as a justification for future termination. Negligent employers might believe this covers them, but they are still vulnerable to legal action.
How a supervisor or manager speaks to their employees plays a major role in discrimination cases. As Houston EEOC lawyers, we often see cases in which an employer consistently belittles an employee or repeatedly makes offensive jokes. As your advocates, we help you hold these individuals accountable for their actions.
Fixed Roles According to Protected Classes
A more obvious and recognizable form of discrimination is when employers place individuals in fixed roles throughout a department or company. For instance, when men solely hold management positions while placing women in support roles regardless of their qualifications, it might be a signifier of discrimination.
What Is a Hostile Work Environment?
An illegal hostile work environment occurs when someone directs offensive behaviors at a specific employee or group of employees. These offensive behaviors are due to their race, age, disability, gender, or membership in another protected class. In particular, sexual harassment often creates a hostile work environment.
Additionally, retaliation against someone who takes a protected action against this behavior constitutes a hostile work environment. For example, when you provide testimony about the illegal actions of a supervisor, this is a protected action. Another example is filing an official complaint about harassment in the workplace.
Oftentimes, claims of hostile work environments are filed in conjunction with other claims of discrimination or retaliatory behavior. Per the EEOC, you have to prove that someone subjected you to inappropriate conduct. Moreover, you have to prove that the conduct was not welcomed by you and that it is severe or commonplace enough that a reasonable person would find the work environment abusive or hostile.
When you want to take on your employer, all this might feel overwhelming. That’s why you need a Houston EEOC attorney who will advocate for your rights. When in need of an EEOC lawyer, Houston workers often turn to our employment law firm. Schedule a free case evaluation today, and see how we can fight for you.
Houston EEOC Lawyer Specialties
Some of the claims we handle:
- Wrongful Termination and Discharge
- Race & National Origin Discrimination
- Sexual Harassment
- Retaliation – where an employer targets an employee for reporting misconduct or making various requests
- Americans with Disabilities Act (ADA) – discrimination, retaliation, and
- Failure to provide reasonable accommodations
- Family and Medical Leave Act (FMLA) – refusal to provide medical leave, interference with medical leave, and retaliation
- Workers’ Compensation – workplace injury and related discrimination and retaliation
- Fair Labor Standards Act (FLSA) – failure to pay overtime wages and minimum wage
- Gender Discrimination
- Pregnancy Discrimination
- Age Discrimination
- Religious Discrimination
- Hostile Work Environment
- Non-compete and Non-disclosure Agreements
Houston EEOC Attorneys and EEOC Mediation: FAQs
Mediation is what we call Alternative Dispute Resolution, or ADR. The Equal Employment Opportunity Commission (EEOC) offers this as an alternative to traditional investigations and litigation.
Mediation is a less formal process in which a trained mediator helps the parties involved negotiate to a resolution for charges of discrimination. This mediator does not have the authority to impose a settlement or decide right or wrong. They simply guide the parties as they explore ways to reconcile differences.
No, they do not require participation in mediation. Your participation is entirely voluntary. When one party declines this process, the EEOC processes the charge as they do any other.
It is in your best interest to have an experienced EEOC attorney present to represent you and advocate on your behalf. While there is no requirement to have an attorney, you have the right to bring legal representation to mediation.
When you plan to bring legal counsel to mediation, you can discuss this with the mediator ahead of time and plan accordingly.
As the charging party, you and your Houston EEOC attorney should attend in addition to the representative of the employer. The individual(s) representing the company or organization should have the authority to settle charges as well as relevant facts.
Yes, mediation with the EEOC is confidential throughout its program. All parties, including the mediator, sign agreements stating that everything revealed in mediation is confidential. Moreover, notes taken through the sessions are destroyed.
In order to ensure confidentiality, this program remains insulated from the investigative and litigation functions of the EEOC. Mediators mediate charges but do not perform any additional functions relevant to the litigation or investigation of these charges.
Absolutely, either party has the option to request mediation without an offer from the organization. However, both parties must agree to participate in mediation for the EEOC to consider it.
Oftentimes, mediation is a more efficient process, saving all parties time and money. Per a study by the EEOC, mediations typically last for 3-4 hours. However, this varies depending on the facts of the case. More successful mediations tend to avoid extensive investigations and find a prompt reconciliation or settlement.
Unfortunately, not all charges are eligible for mediation. Your Houston EEOC attorney helps you evaluate the best course of action. However, the EEOC also evaluates charges and determines whether mediation is appropriate. They consider many factors in this determination.
- The relationship of those involved
- What relief you seek
- The nature of the charges
- The size and complexity of the case
Similarly, should they deem that a charge has no merit, it is not eligible for mediation.
Areas of Service
The Craighead Law Firm, PLLC is located in Houston, Texas, and represents clients throughout the Houston area and the State of Texas, including in Harris, Brazoria, Fort Bend, Montgomery, and Galveston counties.