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You have rights as an employee and if they have been discriminated against, it is crucial that you take action. These rights include the right to work in an environment that is free from discriminatory actions by employers based on a protected characteristic, such as:

• Age
• Religion
• Race
• Gender

PROVIDING DIRECT EVIDENCE

It is ideal to be able to provide direct evidence when filing a discrimination claim, rather than just circumstantial evidence. Direct evidence includes written or witnessed statements that show that your protected status had a direct impact on your employer’s decisions relating to your job. With this evidence in place, you can have a solid and provable workplace discrimination claim.

In some cases, however, you will have to work off of circumstantial evidence because your company may not provide you with the direct evidence you need. Some types of circumstantial evidence can include:

• Observations of the treatment between yourself and employees who share similar job levels and qualifications
• Rude comments made by superiors about your protected status
• History of prior discriminatory practices / complaints
• Evidence of jobs being given to others with lesser qualifications

STEPS TO FILING A CLAIM

Your first step to proving a case of workplace discrimination is to understand the federal anti-discrimination law. That includes determining whether your employer is covered under federal law. In many cases, certain laws only apply to companies with 15 or more employees. If federal laws do not apply, however, state or local anti-discrimination laws may go into effect. You will want to hire a skilled attorney to assist with the process. Your attorney will then need to gather documents and information related to your case to help you build a claim.

At Moore & Associates, we are prepared to take action to uphold your rights and protect your best interests. We know the laws pertaining to workplace discrimination and are well acquainted with the Civil Rights Act. Speak with us today so that we can help you build a powerful claim to prove your case.

Have you been wrongfully terminated for being pregnant in Houston or have had your rights otherwise discriminated against? The state of Texas has specific laws set in place to protect the rights of pregnant women in the workplace. Under Texas Law, pregnancy is treated as a temporary disability. If you believe that you are being treated in an unfair manner, you should not hesitate to discuss your matter with a member of our Houston law firm, Moore & Associates.

WRONGFUL TERMINATION FOR PREGNANCY

If you have been terminated and you have reason to believe is it is a result of your pregnancy, there are several points you will need to prove:

1. You are a member of the protected class
2. You were qualified for the job which you were discharged from
3. You were officially discharged
4. The employer filled the position with a non-pregnant person

The federal Pregnancy Discrimination Act does not permit employers with 15 or more employees to discriminate based on pregnancy or childbirth. This includes not being able to fire or discipline an employee for getting pregnant or singling out a pregnant employee with work restrictions based on their pregnant state.

You Have the Right to Reasonable Accommodations

Under Texas law, pregnant employees have the right to be treated in a manner similar to that of other disabled employees. Employers are required to allow for light duty and other job modifications. According to the federal Americans with Disabilities Act (ADA), employees suffering from a pregnancy-related disability should be provided with reasonable accommodations.

In some cases, you may also be entitled to time off work for specific medical concerns related to pregnancy and childbirth. Under the FMLA, employers with 50 or more employees must allow all eligible employees to take up to 12 weeks off of work (unpaid) for maternal leave.

File a Pregnancy Discrimination Claim Today

At Moore & Associates, it is our goal to protect your rights during this process. Our Houston discrimination attorney can fight for you and assist with the filing of your claim. Schedule your case evaluation today!

Are you bringing home less at the end of your pay schedule than you anticipated? Are you finding unexplained gaps in your hours worked? What about random little deductions that you don’t recognize or remember? If you answered yes to any of these questions, your employer might be engaging in unlawful hour or wage violations.

One of the most common ways to try to cheat an employee out of their fair pay is by reducing theirminimum wage under the acceptable limit. The Texas minimum wage is currently equal to the federal minimum wage of $7.25 an hour, so there is no excuse for it to ever be less than that after calculations and legal deductions. You might need to file a complaint with the Texas Workforce Commission (TWC), which is a part of the United States Department of Labor (DOL).

Here’s what you should do if you think you need to file a claim in Texas:

1. Run your own numbers: First things first, if you have access to a recent paycheck or a few of them, do some quick calculations to see if things aren’t adding up. A significant gap in what you should be earning and what you are actually being given can be indicative of an employer that is intent on taking employee wages through subtle wage reductions.
2. Keep it private: Going straight to your boss with a wage violation complaint might not be the best idea in each circumstance. A dishonest employer might spring at the chance to destroy evidence of their wrongdoing, or even terminate you in retaliation. That would trigger anemployment law dispute of an entirely different kind.
3. Gather information: The more information you can give the TWC or DOL, the better. They are going to need to know basic contact information for yourself and your employer, as well as a description of the work you did and your agreed upon pay schedule. You should also get copies of paychecks or pay stubs, any evidence of your work schedule or punches, and anything else you think could be helpful, such as the calculations you probably created in step 1.
4. Talk to an attorney: It is widely recommended that you speak with an employment law attorney once you think you have everything collected, or if you need help finding useful documents. With a second set of professional eyes on your claim, you can be confident that your petition will be taken seriously and reach success.
5. Submit the wage claim form: Your minimum wage dispute must be filed within 180 days since the last incident of a missing pay. With your lawyer’s help, you can file your claim using an online service or by mailing it in directly to the TWC. Online submittals could require scanned copies of paychecks but may also require physical pay stubs to be mailed in at a later date.

If you need legal representation or counsel along any part of the filing process, Moore & Associates are here to help clients in situations just like yours. People know they can trust our Houston employment law attorneys due to our 15+ years of legal experience and great track record of success. Contact us today to learn about your rights and how you can get a FREE initial consultationwith our team.