Civil Rights

Generally it is illegal to discriminate against someone in the workplace based on a protected "class" or "trait," such as:

• Race / color / national origin
• Gender / sex / pregnancy
• Disability
• Age (40+ years old)
• Religion
• Genetic Information
• Military Status

Common employment discrimination actions are when an employer takes one of the following actions because of a protected class or trait:

• Refusal to hire
• Being fired / discharged / terminated
• Failure to promote
• Harassment or hostile work environment
• Failure to provide a reasonable accommodation (disability and pregnancy cases)

Disability discrimination can refer to a lot of different things depending on the setting. But generally speaking, disability discrimination refers to treating a person with a disability less favorably than a person without a disability, including preventing a disabled person from enjoying the opportunities that a non-disabled person has.

There are a variety of laws that prohibit disability discrimination. Collectively, the laws cover things like employment, housing, interpreters, and architecture.

Examples of disability discrimination can include:

• An employer not hiring or firing someone because of a disability, assuming the person can perform the essential functions of the job.
• An architect designing and constructing a building that is inaccessible to people in wheelchairs.
• A hospital failing to provide an interpreter to a Deaf person.

Because there are so many different laws that apply, the possible types of employment discrimination are nearly endless. Many factors impact whether something is illegal disability discrimination. One important factor is the type of entity engaging in the conduct. For example, private businesses are treated differently than state and local government entities. Another important factor impacting a case is whether the entity accepts federal funding; additional laws apply if an entity accepts federal money. And yet another important factor is how the person discriminated against was harmed; sometimes, no monetary relief is available.

These cases can be very complicated, so it is important to choose a law firm with experience. Contact Cronauer Law's Texas office in Austin today for a free case evaluation.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that broadly prohibits employment discrimination against members of the military. 

USERRA offers a wide variety of protections to service members and veterans in the workplace. But most frequently, this law applies to military Reservists. 

Reserve military members have the right to return to their civilian job and to continue with an ordinary career progression as if they were not serving in the military (i.e., the same seniority, status and pay, as well as other rights and benefits determined by seniority). Put another way, a Reservist cannot be punished by their civilian employer for serving in the Reserve. Service members whose rights are violated can sue. Still have questions, contact Cronauer Law's Texas office in Austin today!