Workplace Discrimination Attorney in Austin, Texas

Proving workplace discrimination requires more than a feeling that you were treated unfairly. It requires evidence that the adverse employment action was motivated — at least in part — by a protected characteristic. Employment attorneys in Austin evaluate the evidence: what the employer said, what the records show, how similarly situated employees outside the protected class were treated, and whether the stated reason for the action holds up under scrutiny.

Federal law prohibits discrimination based on race and color (Title VII), national origin (Title VII), sex and gender (Title VII, as interpreted post-Bostock to include sexual orientation and gender identity), pregnancy (Pregnancy Discrimination Act), religion (Title VII), age over 40 (ADEA), and disability (ADA). Texas Labor Code Chapter 21 mirrors these protections at the state level. Both federal and state law apply to most Austin employers with 15 or more employees (the ADA applies to employers with 15+; the ADEA applies to those with 20+).

Discrimination claims often turn on the concept of pretext — the idea that the employer's stated reason for the adverse action is false, and that the real reason is discriminatory. An employer rarely says 'we terminated you because of your race.' They say 'performance issues' or 'position eliminated.' The employee's job is to show that the stated reason is inconsistent with the evidence — that performance reviews were positive, that similarly situated employees outside the protected class weren't terminated, or that the 'position elimination' turned out to mean the employee was replaced by someone younger, or male, or of a different race.

Disparate treatment and disparate impact are two distinct theories of discrimination. Disparate treatment is intentional — an employee is treated differently because of a protected characteristic. Disparate impact occurs when a facially neutral policy disproportionately affects a protected class, even if no discriminatory intent exists. Pay equity cases, testing requirements, and scheduling policies often generate disparate impact claims.

Before filing a federal discrimination lawsuit, an employee must exhaust administrative remedies by filing a charge with the EEOC. The charge is required within 300 days of the discriminatory act. The EEOC investigates, may attempt mediation, and eventually issues a Right to Sue letter — which gives the employee 90 days to file a lawsuit in federal court. The process is procedurally demanding, and missing any deadline can permanently bar the claim.

We connect Austin employees who believe they've experienced workplace discrimination with employment attorneys who evaluate the full picture — the protected characteristic, the adverse action, the comparator evidence, the timing, and the available documentation — before advising on whether a viable claim exists and what the realistic range of outcomes looks like.