Issues Impacting Business Owners
The legal landscape of employment laws is ever-changing, evolving and expanding to protect the rights of workers from unfair discrimination or exploitation. As a business owner, it is absolutely necessary for you to keep abreast of these changes in the law and make adjustments to your policies and handbooks as necessary. You should also keep aware of emerging issues in the realm of hiring and firing workers, expanding protected classes and other issues directly impacting your exposure to liability. If you employ workers or are considering expanding your business to bring on additional help, we encourage you to meet with a Fort Worth Employment Lawyer as soon as possible in order to better understand the compliance issues that could directly impact your practice.
Fort Worth Employment Lawyer Discusses Discrimination and Retaliation
Under federal and state employment laws, you are prohibited from making an adverse employment decision against a worker if the decision is based on your biases against a protected class. This regulation presents a two-fold inquiry for employers to consider; what is a protected class, and what is an adverse employment decision?
The first question requires an understanding of the various groups or personal factors about a person that distinguishes that person as belonging to a class of people protected under the law. In Texas, discrimination against any person for the following reasons is considered an unlawful bias against a protected class:
- National origin
- Age (40 and older)
- Genetic information
- Pregnancy & childbirth.
From there, the next inquiry involves whether an employer’s actions constitute an “adverse employment decision” triggering exposure to liability. Keep in mind, Texas is an at-will employment state, meaning an employer can fire a worker for any non-discriminatory reason or no reason at all. However, it is unlawful to engage in adverse treatment of an employee for a discriminatory reason such as:
- Termination or demotion
- Placement on administrative leave
- Deprivation of opportunity to take a promotional examination
- Denial of lateral transfer
- Baseless low job performance rating
- Failure to promote
- Disciplinary suspension.
Contact a Fort Worth Employment Lawyer Today for More Information
Employing workers exposes a business to a great deal of liability, but working with a Fort Worth employment lawyer can help alleviate this stress and create a positive work environment for everyone on the payroll. For more information, please call the Hurr Law Office, P.C. at 817-210-0150.