Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations. 

Sexual Harassment

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.  The Equal Employment Opportunity Commission investigates charges of sexual harassment. A charge of sexual harassment may also be filed with the Texas Workforce Civil Rights Division.

Gender/Sex Discrimination

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.  An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business. The Equal Employment Opportunity Commission investigates charges of gender/sex discrimination. A charge of gender/sex discrimination may also be filed with the Texas Workforce Civil Rights Division.

Pregnancy Discrimination

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Equal Employment Opportunity Commission investigates charges of sexual harassment. A charge of pregnancy discrmination may also be filed with the Texas Workforce Civil Rights Division.

Retaliation

State and Federal laws prohibit retaliation against employees who file a charge of discrimination; participate in an investigation of discrimination or testify in regard to a charge complaint discrimination.

Transgender or Sexual Orientation Discrimination

An employer who fires an individual merely for being gay or transgender violates Title VII. Bostock v. Clay County, Georgia.

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