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Texas Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for Texas on
Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?

My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Can a manager tell you who to be friends with?

This came up because of a request to take time off. And management stated no because it was to many request for time off. And they blame it on a certain person.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, outside of the workplace, a manager cannot dictate who an employee can or cannot be friends with. However, within the workplace, employers might have policies or codes of conduct that address relationships or fraternization to avoid conflicts of interest or perceived favoritism.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Employees mandated to train for a specific martial art after being employed for a number of years with medical issues.

Many older employees with medical issues are now contemplating to retire early. It was said accommodations will not be long term ,you will need to have a release date. If you have back issues, shoulder surgeries, hip issues. But because you hold a certain certification you are mandated to attend... View More

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Meeting neutral generally applicable physical fitness requirements as a condition of employment in a job where fitness is important isn’t discrimination.

If women were held to a different tougher standard, or if older employees were held to a different tougher fitness standard than...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I live in Texas and my employer, fired me 4 weeks into training, stating I didn’t indicate I worked there before?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Failing to truthfully disclose information when applying for a job often results in employment being terminated. If what the employer is saying is true, you may not be entitled to unemployment compensation as a consequence of your deception.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Texas on
Q: Wanting to file lawsuit on company for wrongful arrest/termination - no investigation carried out

charged with and later dismissed due to lack of evidence

3rd degree felony with terroristic threats

event occurred in 2019, statue of limitations apply.

event occurred in a PRIVATE PROPERTY

event did NOT take place: caused impairment or interruption of public... View More

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

It seems the correct cause of action for your particular facts would be a lawsuit for malicious prosecution. In order to prevail, you will need to show the following:

1. A criminal prosecution was commenced against you

2. The defendant initiated or procured the prosecution...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

You can file a formal complaint against your co-worker with your employer. You should be as detailed and specific as possible if you genuinely want action to be taken. I recommend not saying anything about her having "bipolar mental problems" to avoid raising any red flags about... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: discrimination in the work place

The company where I work has this problematic person with more than 20 complaints. She is white and very problematic, very calculated but also has bipolar mental problems. She has made the work a toxic environment unbearable for everyone who has to be walking on eggshells, not to offend that... View More

Eva Zelson
Eva Zelson
answered on Jul 26, 2023

You describe a toxic environment, but you do not say what is toxic about it. Does this employee you specifically describe say things to you and other employees based on your race or heritage? Or is she perhaps difficult to predict because of her bipolar symptoms? To claim a hostile work environment... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I am searching for a new job and some applications ask me for gender, race, pronounce, sexual orientation, and age range

I am 47 and in Texas. Is it Legal for potential employers to ask for all this information?

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

It is unwise to ask such questions on a job application because it can generally be assumed that information requested on a job application will be part of the basis for making an employment decision, and discrimination on the basis of race, sex, and age is unlawful. It is not illegal per se, but... View More

1 Answer | Asked in Civil Rights, Employment Law and Employment Discrimination for Texas on
Q: What are the statue of limitations in an ADA case that was dismissed without prejudice for being filed in the wrong

Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.

See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have a case on the grounds of retaliation by a manager?

In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2023

It depends on the nature of your complaint against your manager.

Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: EEOC says I have a solid case with concrete evidence. Should I get a lawyer?

I received an email of me being terminated from my employer due to being pregnant. I filed a charge with EEOC.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 8, 2023

I'm sorry to hear about your situation. Whether you should get a lawyer depends on your goals with the EEOC Charge of Discrimination (settlement, mediation, litigation) and your damages from the experience. A lawyer will bring the expertise, advocacy and stress relief you may need during... View More

3 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: I’m currently experiencing pregnancy discrimination in my employer wants to meet with me can I record the conversation?

I constantly ask for the HR departments information and the GM never wants to give it to me he also doesn’t want to give me email documentation over the investigation he did but he wants to speak with me and I honestly don’t know what to do because I feel like they’re trying to set me up

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

In Texas, it is legal to record a conversation to which you are a party. We are a “one-party consent” state. You do not even need to tell the other party you are recording.

Be sure to state clearly and consistently that, despite your pregnancy, you remain able to perform all of your...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

Jo Ann Linzer
Jo Ann Linzer
answered on Nov 23, 2022

Although you cannot expunge or non-disclose felony convictions, you should contact an attorney to review your criminal history with you and determine if there is anything that can be done to clean up your record. However, if I am reading your question correctly and you have 4 convictions for... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?

I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be... View More

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My managers are making it toxic for me to work and trying to force me out by quitting

I have a lot of documentation on situations and incidents stating back in September of 2021 started documenting the beginning of 2022 in regards to retaliation from management and all shapes and forms what can I do is start to become intolerable to work

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

Retaliation is a recognized cause of action in discrimination cases. Maintain a detailed log or diary of your managers’ actions toward you. Then bring it to the lawyer who handled the prior discrimination claim that you think your managers are retaliating against you for. If you can’t bring... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: If it went to the emergency room for a non job related injury, and was tested . Can I be terminated from that

Because while I was in another state. Where I don't live or work. That drug test was given to dhs and my kids where interviewed , and then when I got out Hospital. I returned to work just to be fired. Cause my job had got referral from dhs . And they said I was fired cause the drug test from... View More

John Michael Frick
John Michael Frick
answered on Nov 9, 2023

It depends upon your former employer's drug policy and, most likely, on what drug you tested positive for.

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