According to federal law and the Equal Employment Opportunity Commission (EEOC), employers cannot discriminate against employees based on their race, age, disability, or other protected characteristics. Employers also cannot retaliate against employees for complaining of discrimination.
An employee who has been discriminated against must first present a prima facie case of discrimination. To fulfill this burden, an employee must establish that they were a member of a protected class, that they were qualified for the job, and that they suffered some kind of adverse employment action based on their class status.
Although these steps may seem straight forward, employees often face difficulties proving that the adverse action was based on their protected class status because employers are frequently able to conceal their true discriminatory motives. In many cases, employers will obscure their motives behind neutral reasons such as “business interests” or an employee’s performance. In these cases, direct evidence of discrimination is often very difficult to obtain. However, employees can still succeed in a Texas employment discrimination lawsuit even if their employer cites a nondiscriminatory reason for its actions.