— Discrimination Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Standing Up to Employers, and Having the Standing to Bring an Employment Case

April 13, 2026 | Harjeen Zibari

Dallas Employment Trial Lawyer Harjeen Zibari

There is a general concept in civil procedure is called standing. Standing is the question of whether or not the Plaintiff bringing the claim can actually legally do so. In employment law, it seems like a pretty straightforward inquiry, but sometimes it can get pretty complicated.

Generally speaking, an employee who has been discriminated or retaliated against in a way that is defined by a statute has the most easily established standing in court. For example, a woman who is constantly subjected to sexist comments in the workplace and then fired and replaced by a male employee has standing under Title VII of the Civil Rights Act of 1964 to bring a case against her former employer. Whether she’ll win is another battle in and of itself, dependent on the facts, but the threshold question of whether she’ll get in the door is pretty easily answered. Or, an employee who was fired two days after requesting a reasonable accommodation similarly has standing under the Americans with Disabilities Act, as he was retaliated against for engaging in a legally protected activity: requesting an accommodation. Again, whether he’ll win is another question, but he’s able to get in the door, as he’s the appropriate person to bring the suit against the employer, as opposed to someone who just witnessed these things happen.

The Cat’s Paw Theory: How Employer Bias Can Still Lead to Liability

April 6, 2026 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Summary: This blog explains the “cat’s paw” theory of liability in employment law, which allows an employee to hold an employer accountable when a biased supervisor influences an otherwise neutral decision‑maker to take adverse action.

One of the most frustrating things employees hear after being fired or disciplined is that the person who made the final decision “wasn’t biased.” Employers often rely on that fact to argue they cannot be held responsible for discrimination or retaliation. Employment law, however, recognizes that bias does not always sit at the top of the organizational chart. This is where the “cat’s paw” theory of liability comes into play.

Understanding ERISA Discrimination and Retaliation

March 16, 2026 | Robert J. Wiley

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.

If HR Isn’t There to Help You, Who Is HR For?

February 9, 2026 | Robert J. Wiley

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.

Blog Text:

Many employees believe Human Resources exists to help them, which is a totally understandable assumption. HR is the go-to for employees with just about any workplace question and is often presented as a neutral resource. But when a serious workplace issue arises, such as discrimination, harassment, or retaliation, employees often discover that HR’s role is not what they expected.

Honoring Dr. King: Employment Law, Civil Rights, and the Continuing Fight for Justice in Texas

January 19, 2026 | Robert J. Wiley

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.

From ‘Bullying’ to Protected Class: Making Your Workplace Complaint Count

November 6, 2025 | 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

Mental Disability Discrimination vs. Emotional Distress

November 3, 2025 | Robert J. Wiley

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.

Thus, if your employer treats you differently because you experience an “invisible” mental disability like anxiety or depression, that can still be disability discrimination. And if you are able to prove that through a lawsuit, you may be able to get various damages from a judge or jury. These could include things like lost wages, but also squishier things like compensatory damages. Compensatory damages include the monetary value of mental anguish or emotional distress that an employee suffered because of unlawful discrimination. To get compensatory damages, you still must prove that they were caused by the employer’s illegal discrimination. And virtually any discrimination claim can potentially support compensatory damages, not just disability discrimination.

Injury vs. Disability: What Counts Under the ADA?

October 31, 2025 | 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

When FMLA Isn’t an Option: Your Guide to Taking Leave in Texas

October 20, 2025 | 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.”

Don’t Wait Until It’s Too Late – Why Employees Should Contact an Attorney Early When Facing a Workplace Dispute

October 13, 2025 | justia.admin

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.