Gender Discrimination Attorney in Katy
Ensuring Equal Rights for All
Equal work requires 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 Equal Pay Act prohibits discrimination in compensation on the basis of an employee’s sex.
At the Law Office of Shane McClelland, we have handled numerous gender discrimination cases for clients in Katy and the surrounding areas. We strive to help our clients seek justice for the discrimination they have endured, always fighting for a favorable resolution on their behalf.
Federal Gender Discrimination Laws
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 gender.
An employer must have 15 employees for either Title VII or the 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 compensatory 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.
Filing a Claim
If you bring a gender 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.
Katy gender discrimination lawyer Shane McClelland advocates on behalf of those who have been harassed or discriminated in the workplace because of their gender. Our firm looks forward to evaluating your situation to see if we can help.
Give us a call at (713) 242-1302 to get started.