You are entitled to be free from workplace harassment and workplace retaliation discrimination. 

That includes your coworkers. 

Therefore, there are certain activities you can participate in that are protected. You can carry out those activities without fear of retaliation discrimination. Federal law protects your right to carry out certain activities.

These activities were created to allow you to protect, not only yourself, but your coworkers.  If you see workplace harassment or discrimination, or other wrongful employment actions, the law allows you to bring those issues to the forefront in order to put a stop to such harmful conduct and hopefully prevent it from happening again. 

You cannot be discriminated against because you reported workplace harm. As a result, the following are certain activities that courts have determined to be be protected.

What activities are protected from retaliation discrimination? To name a few:

• Being a witness in a workplace harassment/discrimination investigation
• Filing a harassment/discrimination complaint
• Raising workplace harassment/discrimination concerns to your employer
• Refusing to participate in harassing/discriminatory behavior
• Intervening to protect others

As an employee in Texas, it’s crucial to understand your rights and protections under both federal and state laws. Workplace retaliation discrimination, where employers punish employees for exercising their legal rights or reporting unlawful conduct, is illegal and can have serious consequences.

Federal Laws Protecting Against Workplace Retaliation Discrimination:

1. Title VII of the Civil Rights Act of 1964: Title VII prohibits employers from retaliating against employees for opposing discriminatory practices, filing a complaint or charge of discrimination, or participating in an investigation or lawsuit related to discrimination. This law protects employees from retaliation based on race, color, religion, sex, or national origin.
2. The Age Discrimination in Employment Act (ADEA): The ADEA prohibits employers from retaliating against employees for opposing age discrimination or participating in ADEA-related proceedings or investigations. This law applies to employees aged 40 or older.
3. The Americans with Disabilities Act (ADA): The ADA prohibits employers from retaliating against employees for asserting their rights under the ADA, including requesting reasonable accommodations for disabilities or opposing discriminatory practices based on disability.
4. The Family and Medical Leave Act (FMLA): The FMLA prohibits employers from retaliating against employees for exercising their rights to take FMLA leave for qualifying reasons, such as the birth of a child, serious health condition, or to care for a family member with a serious health condition.

Texas State Laws Protecting Against Workplace Retaliation Discrimination:

1. Texas Labor Code Chapter 451: Texas state law provides additional protections against workplace retaliation under Chapter 451 of the Texas Labor Code. This law prohibits employers from retaliating against employees who report violations of state or federal law, refuse to commit an illegal act, or engage in protected activities related to workplace safety, discrimination, or wage violations.
2. Texas Whistleblower Act: The Texas Whistleblower Act protects public employees from retaliation for reporting violations of law by their employers to an appropriate law enforcement authority. It also protects public employees who cooperate in investigations or proceedings related to such reports.
3. Texas Workers’ Compensation Retaliation: Under Texas law, employers are prohibited from retaliating against employees for filing a workers’ compensation claim or testifying in a workers’ compensation proceeding.

What to Do If You Experience Retaliation Discrimination.

If you believe you have been retaliated against in the workplace, it’s important to take action to protect your rights:

• Document the retaliatory actions or behaviors, including dates, times, and individuals involved.
• Report the retaliation to your employer’s human resources department or other appropriate authority.
• Consult with an experienced employment law attorney who can provide you with legal advice and representation in pursuing a retaliation claim.

Federal and Texas state laws provide important protections for employees against workplace retaliation discrimination. By understanding your rights and legal options, you can take proactive steps to assert your rights, hold employers accountable for their unlawful actions, and seek justice in the face of retaliation. If you have experienced retaliation in the workplace, don’t hesitate to seek guidance from knowledgeable legal professionals who can advocate on your behalf and help you navigate the complexities of employment law.

Therefore, if you believe you have acted in good faith at work to protect yourself or others, and now you face adverse employment decisions being made against by your employer, we invite you to reach out to Thomson Dunkel and let us see if we can help you.

We are only paid – if you recover for your losses. Learn more about our result based fee below.

Here at Thomson Dunkel, we have handled cases similar (if not identical) to some of the scenarios described above.  We invite you to take a minute and share your experience with us. Let us know what you are going through.  Maybe we can assist and help you through a potential rough ordeal. Believe us when we say that the employer will not be alone. They will have well qualified attorneys advising them every step of the way. We used to be those attorneys. We know the advice and strategic moves employers make.  You need the same thing, a skilled and qualified attorney at your side.  Whether it is us at Thomson Dunkel or another attorney, let a skilled attorney lead you. Call Thomson Dunkel and let’s see if we can help.