Employee Discrimination

The primary purpose of all employment discrimination laws is to make it illegal for employers to treat employees or applicants adversely on the basis of something about themselves that they cannot change, or should not be expected to change. Such factors are called immutable characteristics. For example, one cannot change one’s race or color, gender, age, or national origin; cannot readily change one’s disability status; and should not be expected to change one’s religion as a condition of obtaining or retaining a job.

Federal Statutes

• Civil Rights Act of 1964, Title VII – This statute covers employers that have at least 15 employees. It protects against discrimination based upon race, color, gender, national origin and religion. This act also established the U.S. Equal Employment Opportunity Commission.
• Pregnancy Discrimination Act of 1978 (PDA) - The PDA clarifies that pregnancy and related conditions are considered to be a subset of “gender” for discrimination law purposes. This statute prohibits employers from treating women with pregnancy or related conditions any less favorably than other employees who have medical conditions that place a similar limitation on their ability to or availability for work.
• Age Discrimination in Employment Act of 1967 (ADEA) – This statue covers employers that have at least 20 employees and protects against discrimination based upon age for people who are age 40 or older. Employees are also not required to retire at any specific age.
• Americans with Disabilities Act of 1990 (ADA) – This statute covers employers that have at least 15 employees and protects against discrimination based on disabilities, the perception of disabilities, or association with people with disabilities.
• Immigration Reform and Control Act of 1986 – This statute covers employers that have at least four employees and protects against discrimination based on national origin or citizenship. This statute also required the implementation of the federal form I -9.
• U.S. Bankruptcy Code – Section 525 of this statute, which covers any employer, prohibits discrimination based upon bankruptcy history or bankruptcy claim filing status.
• Civil Rights Act of 1866 – This statue covers all employers that have at least one employee or anyone who hires another person to perform any kind of work or services for pay (therefore, it covers independent contractor situations). This statute protects against discrimination based upon race or color. It should be noted that some national origin discrimination claims can be transformed into race or color discrimination claims, depending on the circumstances.

State Statutes

Every state in the United States has one or more laws prohibiting the forms of discrimination covered in the federal laws. Some states add additional protected classifications such as sexual orientation, veteran status and history of filing certain types of claims. Texas has the following anti-discrimination statutes:

• Texas Commission on Human Rights Act of 1983 - This statute covers employers that have at least 15 employees and protects against discrimination based upon race, color, gender, national origin, religion, age and disability.
• Texas Workers’ Compensation Act – This statute contains anti-discrimination provisions that cover all employers. It protects against discrimination based upon workers’ compensation claims history. Although the Texas Supreme Court has ruled that this statute applies only to employees and not to applicants, discriminating against applicants based upon workers’ compensation claims history will generally be viewed by the U. S. Equal Employment Opportunity Commission as a violation of disability discrimination laws.

Contacts

• Federal – Equal Employment Opportunity Commission (EEOC) - You have up to 300 days from the date of incident to file a claim with the EEOC.
  Phone: 1-800-669-4000
  Fax: 703-997-4890
  E-mail: info@ask.eeoc.gov
  Open from 7:00 a.m. to 7:00 p.m. Central Time
• State – Texas Workforce Commission’ s Civil Rights Division (TWC) - You have up to 180 days from the date of incident to file a claim with TWC.
  Phone: 888-452-4778
  Fax: 512-463-2643
  Open 8:00 a.m.–5:00 p.m.
• The University of Texas at Brownsville – Rosemary Martinez (Vice President for Business Affairs)
  Phone: 882–8240
  Tandy Suite 100.
• You can check on the HOOP (http://www.utbtsc.edu/hoop), ask your supervisor, go to Human Resources (Cortez 129) or call the Ethics Hotline (1-800-500-0333).