Dallas Employment Lawyer Blog
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.
Still, retaliation rarely walks in the front door. It’s almost never labeled clearly. Instead, it hides behind what lawyers call pretext—a supposedly neutral explanation that’s used to justify a decision that’s actually rooted in something else. It might be a sudden complaint about performance after years of glowing reviews. A dress code violation that was never enforced before. A safety rule applied unevenly. Something that looks neutral on paper—but in practice, only one person is punished.
For example, an employee might report discriminatory conduct to HR and, shortly afterward, receive their first-ever disciplinary write-up for something trivial like a dress code violation. Or they might suddenly be micromanaged, given unrealistic deadlines, or “restructured” out of their position altogether. If coworkers commit the same infractions and face no consequences, it becomes clear: the rule isn’t the problem. The complaint was.
Pretext often shows up in timing. If an employee has no history of poor performance but is disciplined soon after raising concerns about discrimination, that’s a red flag. So is suddenly being held to standards no one else is. Courts and agencies like the Equal Employment Opportunity Commission (EEOC) know to look for these patterns. When an employer’s reason doesn’t add up—and the punishment closely follows a protected complaint—that’s where retaliation claims come to life.
Importantly, you don’t need to belong to a protected class to bring a retaliation claim. You can be a white employee who reports racial discrimination, a straight employee who supports a gay coworker, or a manager who intervenes on behalf of someone being harassed. The law protects conduct, not just identity. The point is that retaliation doesn’t discriminate—if you speak up, you’re protected.
Texas employees need to know that at-will employment is not a free pass for employers to punish whistleblowers. Even in non-union, private workplaces, the law provides a shield for workers who stand up against unlawful practices. That protection extends to internal complaints, ethics hotline reports, participation in investigations, and even informal objections to discriminatory behavior.
So what should you do if you suspect retaliation? First, document everything. Save emails, performance reviews, text messages—anything that helps create a timeline. Second, compare your treatment to that of others. Are similar employees being treated the same way? Is there evidence that you’re being singled out? Third, act quickly. Retaliation claims have deadlines, and the sooner you talk to a lawyer, the better positioned you’ll be.
Recognizing retaliation can be tricky, especially when the employer hides behind a policy or vague performance critique. But when you see patterns—selective enforcement, shifting justifications, or sudden changes in treatment—you’re likely dealing with something deeper than bad luck.
And remember, you don’t need to prove discrimination actually occurred—only that you reasonably believed it was happening and engaged in protected activity. Retaliation law exists to encourage people to come forward. If speaking up costs you your job, don’t wait until it’s too late. If you think something’s off, talk to someone who can help.
The attorneys at Rob Wiley, P.C. represent employees across Dallas and throughout Texas who have been retaliated against for doing the right thing. Whether you’re the person being targeted—or the person who stood up for them—we’re here to help.
For more information and to schedule a consultation, visit our website or call us at (214) 528-6500.