Employment Lawsuits: A Laundry List of Reasons to Sue or Be Sued
Work and employment related lawsuits are far more common than most people realize. Employers and employees need more awareness about what can get them in trouble. You should be familiar with some things in our list but maybe surprised by others.
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DiscriminationGender, Age, Race, National Origin, Religion – Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
Age – Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634.
Termination while nearing retirement – Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461.
Race, color, national origin, religion and sex – Texas Labor Code, Chapter 21, Texas Labor Code §21.001 et seq.
Genetic Makeup – Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff
Disabilities – Americans with Disabilities Act of 1990, 42 U.S.C. §§12101-12213
New Parents – Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
Membership or non-membership in a union – National Labor Relations Act, 29 U.S.C. 151-169.
Gender Compensation Inequality – Equal Pay Act, 29 U.S.C. §§ 206(d) et seq.
Military Service Interference With Work – Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301-4333
Citizenship or immigration status – Immigration and Nationality Act, 8 U.S.C. § 1324b
Discriminating against an employee based on the employee’s status as a debtor or bankrupt individual under the Bankruptcy Code – Federal Bankruptcy Code, 11 U.S.C. § 525(b).
Discriminating against someone for having to pay child support – Texas Family Code, Section 158.209
RetaliationRetaliation against an employee for filing a complaint or testifying as to violations of established occupational health and safety standards – Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678.
Whistleblower Protection – Sarbanes-Oxley Act, 18 U.S.C. §1514A
Workers’ compensation retaliation – Texas Labor Code, Chapter 451 (Workers’ Compensation Retaliation)
Retaliation for Jury Service – Jury System Improvement Act of 1978, 28 U.S.C. § 1875 & Texas Civil Practices and Remedies Code, Section 122.001 (Juror Re-employment)
Retaliating against an employee based on how an employee voted – Texas Election Code, Section