On June 15, 2020, the United States Supreme Court ruled that LGBTQ people are protected from workplace discrimination or retaliation due to their sexuality and gender identity. At the Hill Law Firm, we are committed to enforcing these protections against any place of employment that violates your legal rights.
If you or a loved one has been fired or wrongfully discriminated due to your sexual orientation or gender identity, please contact us immediately to discuss your case. We can get started immediately in fighting for your right to full and fair compensation for any wrongful acts committed against you by your current or former employer.
Why Choose Us?
At the Hill Law Firm, we are dedicated to protecting the legal rights of all people in San Antonio and throughout Texas.
- We have extensive experience in workplace discrimination cases, understanding the laws that enable protections for you in your place of employment.
- We have recovered millions of dollars on behalf of our clients throughout the state of Texas.
- We put our priority on you, the client, and your well-being. We always make sure to know you, your situation, and how you are doing throughout your case.
- We represent clients on a contingency fee basis – you pay no initial fees, and you only pay for legal expenses if we secure a recovery on your behalf. If we don’t win, you don’t pay.
Why Do You Need a Lawyer?
It is highly recommended to consult an experienced attorney before filing a workplace discrimination claim. These claims can be difficult to accurately file; a knowledgeable lawyer may be able to help you with the legal paperwork involved to proceed with your claim.
Additionally, with most workplace discrimination claims, the burden of proof falls on the person filing the claim. This means any and all pertinent evidence must be presented that supports your claim for workplace discrimination. If you have not kept detailed records of relevant evidence, this can quickly become complicated. An attorney can discuss your case with you to determine the most relevant evidence necessary to prove your claim. Then, they can investigate your claim on your behalf and gather the proof necessary to substantiate your claim.
An attorney can also determine the proper compensation that is required for any harms your employer has subjected you to due to workplace discrimination. This is often difficult due to the non-economic nature of some of the losses, but an attorney with prior experience can do the result to ensure you are receiving the maximum possible compensation for your claim.
New Supreme Court Ruling Allows Protections for LGBTQ Employees
On June 15, the landmark Supreme Court decision in Bostock V. Clayton County ruled that homosexual and transgender employees were protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. Under this federal mandate, employees are protected from discrimination on the basis of:
- National Origin
- Citizenship status
In the ruling, the Supreme Court stated that discriminating based on sexual orientation or gender identity fell firmly under sexual discrimination of Title VII. The main argument was if an individual is fired or treated differently than if they were a different sex, it should be considered sexual discrimination – and thus should be covered under Title VII.
In other words, if an employer fires an employee because of their sexual orientation and/or gender identity, they have violated Title VII – and any affected employees have a right to file a workplace discrimination claim against the employer.
Do LGBTQ Employees Have Workplace Protections in Texas?
Based on the most current ruling by the Supreme Court, LGBTQ employees in Texas are protected from workplace discrimination. Because Texas has no state laws on workplace protections for homosexual and transgender employees, the federal law applies. However, some cities, such as Austin, have already provided protections for such employees.
Who Qualifies for LGBTQ Workplace Protections in Texas?
Federal Title VII protections only apply to certain employers. In Texas, employers must have at least 15 employees in order to be covered by Title VII protections. However, that does not mean you may not qualify for compensation. If you are a homosexual or transgender employee who has been discriminated in a company with less than 15 employees, please contact the Hill Law Firm today to explore your options. You may be able to secure compensation in other ways.
What is the Statute of Limitations on Workplace Discrimination Claims in Texas?
It is important to note that you have a strict statute of limitations on all workplace discrimination claims – a time limit in order to file a valid claim. Generally, you have 180 days from the discrimination event to file a Title VII claim.
In some instances, it can be difficult to pinpoint one exact discrimination event – it may have been a history of discrimination and unfair treatment that you may not have noticed until several events have occurred. In this case, it is highly recommended to consult a lawyer to determine when the time limit began, and how to proceed with the filing to ensure it falls within the statute of limitations.
How Do I File a Title VII Claim for LGBTQ Workplace Discrimination Claim in Texas?
All Title VII Claims are filed with the Equal Employment Opportunity Commission (EEOC), a separate agency that specializes in the handling of federal workplace discrimination violations. Claims can be filed in person at a field office or related office, or online. The state of Texas has four relevant EEOC offices where you can file:
- Dallas District Office
- Houston District Office
- San Antonio Field Office
- El Paso Area Office
How the Hill Law Firm Can Help
The filing process for a Title VII claim can be complex, as it requires precise paperwork and intricately organized evidence. At the Hill Law Firm, we can help compile a strong body of evidence and paperwork that builds a compelling case in your favor.
Additionally, we can assist with any next steps required upon filing. After submitting a claim, the EEOC is required to respond within 180 days. They may either act on the complaint and seek a reasonable settlement on your behalf, or they may decide not the complaint does not merit a formal action. If the latter occurs, you have a legal right to request a “right-to-sue” letter that permits you to file a federal lawsuit against your employer.
The Hill Law Firm can assist you with a federal lawsuit on your behalf to ensure you receive the compensation you deserve. These types of suits can be complex and must be acted on promptly: you only have 90 days to file a lawsuit from the moment you receive a right-to-sue letter. We will act with great urgency and secure the recovery necessary for you.
Contact Us Today
If you have been subjected to workplace discrimination in Texas for being homosexual and/or transgender, please contact us immediately to discuss your case. We are committed to helping those who have been fired or treated unfairly for their sexuality or gender, and we want to fight for your legal rights.
Schedule a free consultation with us today and see how we can help you seek justice. The Hill Law Firm will likely refer and joint-venture these matters to The Morales Law Firm, P.C. in San Antonio, Texas.