Gender Discrimination

The Equal Pay Act prohibits discrimination in compensation on the basis of an employee’s sex.

To avoid Gender Discrimination, equal work requires equal pay. The only exception to this is if the pay differential is based on a 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.

Title VII and the Texas Labor Code make 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.

An employer must have 15 employees for Title VII or Texas Labor Codes provisions protecting gender discrimination to apply.

Potential damages under Title VII are:

  • Back pay – Consists of wages, salary and fringe benefits you would have earned during the period of discrimination from termination to trial
  • Compensatory damages – Allowed for future loss, emotional distress, pain and suffering, inconvenience, mental anguish and loss of enjoyment of life

There are limits to what you can recover for gender discrimination.

The limits are determined according to the size of your employer. The limits on damages are as follows:

  • Up to 100 employees: $50,000
  • 101-200 employees: $100,000
  • 201-500 employees: $200,000
  • 500+ employees: $300,000

Like other forms of discrimination, it is unlawful to retaliate against an employee who has filed a charge of discrimination or otherwise opposes any employment practices that discriminate because of gender.

Also, if you bring a discrimination claim under Title VII or the Texas Labor Code’s anti-discrimination provisions, you must first file a charge of discrimination with either the Equal Employment Opportunity Commission or a complaint with the Texas Workforce Commission. There are very specific deadlines from which you must file your charge of discrimination or complaint, and you must file your charge of discrimination or complaint before you can file a lawsuit.

Determining whether your employer is covered under Title VII or the Texas Labor Code’s anti-discrimination provisions is complicated. In order to help you make this determination, you should contact our offices as soon as possible so we can help you with that determination.

Houston Gender Discrimination Lawyer Shane A. McClelland advocates against discrimination and harassment of Men and Women in the Workplace.

If you think your gender is the reason for employment discrimination, please contact a Houston Gender Discrimination Attorney at The Law Offices of Shane McClelland. Call 713-987-7107 or email us at