Articles Posted in Discrimination

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Rachel Bethel Dallas
Trial Attorney

Although Texas is an “at-will employment” state, this doctrine has important limits, especially when it comes to your employee benefits.

Federal law protects workers from being targeted for their use of health insurance, retirement plans, and other benefits. That protection comes from ERISA, the Employee Retirement Income Security Act of 1974.

Ellen Johnston

Dallas Employment Trial Lawyer Ellie Johnston

This blog explains the role Human Resources actually plays in the workplace, why HR is not an employee advocate, and why Texas employees should still report workplace issues while protecting themselves through documentation and realistic expectations.

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Deontae Wherry

Dallas Senior Trial Attorney Deontae Wherry

Every year, we gather to honor Dr. Martin Luther King Jr. But to truly honor him, we cannot settle for speeches and ceremonies. Dr. King never asked us to be comfortable, he asked us to be courageous. He asked us to look honestly at the world around us and refuse to accept injustice as normal. Here, in Texas, that call still echoes loudly.

Dr. King understood something profound: the struggle for civil rights and the struggle for workplace justice are the same fight. He knew that a person cannot live free if they cannot work free from discrimination, free from retaliation, free from exploitation, free from the systems that suffocate opportunities. Dr. King often reminded us that laws limiting the rights of Black Americans also limited their ability to participate fully in the economy. Economic inequality and racial inequality, he insisted, were two sides of the same broken coin.

Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

If you’re experiencing discrimination or harassment at work, your first instinct may be to tell someone, but how you report it can make a significant difference in how your complaint is handled and whether you’re protected under the law.

Why Reporting Is Essential

Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

In this blog, I address the confusion a number of potential clients have had between the concept of it being unlawful to discriminate against them due to a mental health disability, and the experience of mental anguish or emotional distress caused by their workplace.  Specifically, a workplace exacerbating or even creating a mental health disability is not the same thing as being subjected to disability discrimination.  Can those two things be related? Very possibly, and they often are.  But they are not one-to-one.     

First of all, the Americans with Disabilities Act as currently amended – along with various states’ laws – prohibit employers from discriminating against employees (1) because of their disability, (2) because of their past history of having a disability, (3) because they appear to have a disability, or (4) because of their association with another person with disability.  And “disability” here is much broader than most people think.  It is not just missing a limb or being unable to walk.  Rather, a disability protected by the Americans with Disabilities Act is any physical or mental impairment that substantially limits a major life activity.  “Major life activities” can include many things, from driving or speaking to concentrating or sleeping.

Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When employees experience health challenges, one of the first questions they often ask is whether their condition qualifies them for protection under the Americans with Disabilities Act (ADA). Not every medical issue rises to the level of a “disability” under the law and understanding the difference between an injury and a disability can be critical in determining your rights.

What the ADA Protects

Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

You have just learned that a loved one needs serious medical care—or maybe you are facing a health crisis of your own. You go to HR, hoping to take time off under the Family and Medical Leave Act (“FMLA”), only to hear:

“You’re not eligible.”

Rachel-Bethel-200x300

Rachel Bethel – Trial Attorney

Workplace issues can start subtly: a passive-aggressive comment, a suspicious change in workload, or a shift in how management treats you. Many employees hope these problems will work themselves out or go away eventually. However, waiting too long to get legal guidance can make things worse & potentially limit your options later on.

Whether you’re facing discrimination, retaliation, or a hostile work environment, speaking with an employment attorney early in the process can be one of the smartest moves you make.

Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Retaliation is one of the most frequently alleged forms of workplace misconduct in Texas. Although the law protects employees who assert their rights, many still face adverse consequences after reporting discrimination, requesting accommodations, or participating in investigations. Unfortunately, retaliation can be subtle, delayed, or disguised as ordinary business decisions.

What Is Workplace Retaliation?

Ellen Johnston

Dallas Employment Trail Lawyer Ellie Johnston

When people think about workplace discrimination, they usually picture the person who’s directly targeted—a woman passed over for a promotion, an employee of color subjected to racist comments, or an LGBTQ+ worker harassed for who they are. But retaliation law protects more than just the victim. In fact, one of the most common—and most overlooked—forms of illegal retaliation is what happens when an ally speaks up.

Under federal and Texas law, it is unlawful for an employer to retaliate against someone who reports, opposes, or even just participates in an investigation into workplace discrimination. And yet, every day in Texas workplaces, employees who stand up for others are pushed out, written up, or fired altogether. It doesn’t matter if you’re not the person being harassed—if you raise concerns about discrimination or report it to HR, you’re engaging in protected activity. That means your employer can’t punish you for it, no matter how “at-will” your job is.

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