Gender Discrimination

The Pursley Law Firm has an experienced Gender Discrimination Lawyer that can help you if you have experienced gender or sex discrimination in your place of employment. The Gender Discrimination Attorney at the Pursley Law Firm is able to represent claimants almost anywhere in Texas, especially in the cities of Dallas, Houston, Austin, Fort Worth, San Antonio, and El Paso.

The Equal Pay Act of 1963 prohibits discrimination in compensation on the basis of an employee's sex. Equal work must be rewarded with equal pay unless the pay differential is based on a bona fide system in terms of seniority, merit, productivity, quality, or another factor not related to sex. Equal work means work of substantially equal skill, effort, and responsibility, performed under substantially similar working conditions. The job titles may be different, but as long as the essential skill and responsibilities of the job are the same, then the pay should be the same, regardless of whether the position is held by a man or a woman. As with any discrimination charge being made, the burden of proof is on the plaintiff or claimant.

Title VII also makes it unlawful for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" because of that individual's sex. These issues of unequal pay or disparate treatment between the genders have been complicated by the traditional cultural and biological roles of women, and by stereotypical assumptions about what women can do, should do, and want to do. Collectively, these and other less readily identifiable barriers have been called the "glass ceiling;" meaning women can only reach the glass ceiling, while their male counterparts are above it and them. This type of discrimination occurs, for example, when an employer intentionally excludes women from certain jobs based on a belief or stereotype that women cannot or should not perform that type of work. An employer also engages in unlawful unequal treatment discrimination if it classifies jobs as "male" or "female," or maintains separate lines of progression or separate seniority lists based on sex, where this practice adversely affects any employee (unless sex is a bona fide occupational qualification for that job).

In addition to Title VII, the Texas Statutes also strictly prohibit these two types of gender discrimination. In civil actions for sex discrimination, a court may award, among other things, limited compensatory and punitive damages in amounts corresponding to the caps imposed by the Civil Rights Act of 1991. The plaintiff may also recover back pay for a maximum of two years from the date the complaint was filed, subject to offsets for earnings, workers' compensation, and unemployment compensation. In addition, the plaintiff may recover attorneys' fees and costs, including experts' fees. There is no need to undergo financial hardship when you have been discriminated against because of your gender. Contact an employment attorney that is experienced in cases of sex discrimination.

Federal government employees are protected from workplace discrimination on the basis of sexual orientation. Currently, no federal protections exist by law for private sector or state employees. However, many states have enacted laws (contact your employment lawyer to discuss) prohibiting sexual orientation discrimination in both private and public jobs. These states are as follows: California, Connecticut, District of Columbia, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island and Vermont. There are eight states that prohibit discrimination on the basis of sexual orientation in public workplaces including: Colorado, Delaware, Illinois, Indiana, Montana, New Mexico, Pennsylvania and Washington. Texas is notably not on the list.

Many companies have policies which prohibit discrimination on the basis of sexual orientation. Furthermore, a large number of cities and counties have passed ordinances against this form of discrimination. However, most municipalities found in the state of Texas have not been as aggressive enforcing these policies and laws where applicable, as compared to other locations throughout the United States. Often, although a claim for discrimination on the basis of sexual orientation may not be viable in Texas; other types of claims may be asserted depending on the facts pertinent to your case. Also, different parties may be liable on the basis of their actions. On an individual level where facts support applicable legal charges; claims may be made for assault, battery, invasion of privacy, defamation, tortuous interference with an employment contract, and sometimes wrongful termination.

Do I Have A Gender Discrimination Case in Texas?

Discrimination Information Center

Marquis Who's Who in America 2007


4635 Southwest Freeway
Houston, Texas 77027
Tel: (713) 893-0022

Mailing Address
P.O. Box 20545
Houston, Texas 77025