How Tyler Employers Can Reduce the Risk of Discrimination Claims

Lindsey Birdsong has defended East Texas employers in federal court against claims of sexual harassment, hostile work environment, retaliation, and race and age discrimination. The lesson from those cases is consistent: the employers who come out best are the ones who had good policies and followed them.

Know Which Laws Apply

Title VII of the Civil Rights Act and Chapter 21 of the Texas Labor Code apply to employers with 15 or more employees. The federal Age Discrimination in Employment Act applies at 20 employees, and other laws, like the Equal Pay Act, apply regardless of size. Even small Tyler businesses should act as though these rules apply.

Put Clear Policies in Writing

An anti-harassment and anti-discrimination policy should define prohibited conduct, give employees more than one way to report a problem, and promise no retaliation. Put it in your employee handbook and have employees sign an acknowledgment.

Train Managers

Supervisors create most of an employer’s liability. Train them to recognize problems, respond to complaints and avoid anything that looks like retaliation.

Investigate Complaints Promptly

Take every complaint seriously, investigate quickly and fairly, document what you find, and take appropriate action. A prompt response is often the employer’s best defense.

Document Performance Decisions

Honest evaluations and written warnings made at the time of the problem are powerful evidence that a termination was based on performance, not on a protected characteristic.

If a Charge Is Filed

If you receive a charge from the EEOC or the Texas Workforce Commission Civil Rights Division, call an attorney before responding. Your position statement can shape the rest of the case.

Frequently Asked Questions

What should I do if an employee complains of harassment?

Document the complaint, protect the employee from retaliation, investigate promptly and take appropriate corrective action. Get legal advice if the situation is serious.

Can a former employee sue after being fired in Texas?

At-will employment allows termination for any lawful reason, but a fired employee can still bring a claim if they believe the reason was discriminatory or retaliatory.

Talk With a Tyler Attorney

Facing a complaint or want to tighten your policies? See our employment law services for employers. Call Lindsey Birdsong, PC at (903) 595‑6297 or visit our contact page. Our office is at 2307 Dueling Oaks Drive, Suite 103, in Tyler.

This article is general information, not legal advice. Talk with an attorney about your specific situation.