If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide GENERAL information to the public and to raise awareness of Texas employment laws for Texas employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legal advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas employees, as employment laws differ greatly from state to state.
This is not legal advice.
Laws Protecting Employees From Age Discrimination
Both the Texas Labor Code and the federal Age Discrimination in Employment Act (“ADEA”) prohibit age discrimination against employees over the age of 40. These laws make it unlawful for an employer to consider an employee’s age when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment. In addition, these laws prohibit an employer from retaliating against an employee for making a good faith claim of age discrimination to the employer.
Employee Remedies For Age Discrimination
In a lawsuit for age discrimination, an employee may be able to recover:
As the remedies under the ADEA and the Texas Labor Code are different, only some, and not all, of these remedies will be available to an employee.
Prior to filing a lawsuit, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and/or Texas Workforce Commission (TWC). These agencies enforce the laws protecting employees from age discrimination in the workplace.
What To Do If Your Employer Discriminates Against You Because of Your Age
Contact a lawyer immediately, and preferably a lawyer who routinely represents employees in employment litigation. If you are not able to contact an attorney, you should contact the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division. To preserve your rights under the law for this type of discrimination, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with either the EEOC or TWC. Lastly, take thorough notes regarding everything discriminatory that is being said or done to you and keep all records related to your employment. These notes and records may prove invaluable in a later lawsuit.
Additional Resources for Learning About Age Discrimination