Hi Judy
Yes, I do employment discrimination cases. I limit myself to the State of Connecticut though. I am not licensed in states other than Connecticut.
The Commission on Human Rights and Opportunities requires that an attorney representing a claimant be admitted to practice in Connecticut. This may also be true of the procedure in other states.
Both the states' laws and federal law prohibit discrimination /harassment. Here in Connecticut you file the case simultaneously with both the Commission on Human Rights and Opportunities (State) and the EEOC (Federal). The EEOC allows the Commission on Human Rights and Opportunities to investigate and prosecute the federal claim, but you have the right to appeal the decision of the Commission on Human Rights and Opportunities to both the Superior Court (State) and the EEOC (Federal).
When you file the claim with the Commission on Human Rights and Opportunities, the Commision makes a two step determination as to whether there is a valid complaint because there is a huge backlogue of cases, and the Superior Court would be flooded with cases otherwise. Not all of the claims filed are valid, and the Commission weeds out those that do not qualify.
A claimant should retain the services of an attorney if he/she is attempting to file a case. It can be kind of a complicated matter, and he/she will need to make certain that his/her complaint properly states a claim on which relief can be granted. He/she also needs to make certain that his/her complaint properly states a jurisdictional basis for the State and Federal governments.
The Commission initially examines the written complaint of the claimant, the response filed by the employer and any rebuttals filed by both to determine if there is a valid claim and whether there is proper jurisdiction. If the Commission determines that the claim is valid, it will appoint an investigator to accept the evidence of both the claimant and the employer ( i.e. witness testimony and documents). If the investigator is satisfied that there is a reasonable basis for the claim, the claimant's case is scheduled for a trial.
The claimant has the option of allowing the Commission to hear the claim in administrative trial or of requesting that the Commission release the case to the Superior Court, in which case there will be a judicial determination. Each procedure has its advantages and its pit falls. The claimant needs to look into both procedures carefully in order to make a decision as to which procedure would be best for him/her.
In the case of employment discrimination/harassment the penalties can be severe for an offending small employer. I saw the Commission award damages of $50,000.00 in one case (age discrimination case), and I saw another case settle out of $100,000.00 (sexual harassment case). Several months ago I saw a major corporation terminate an employee for sexual harassment because it wanted no part of the potential liability. If a
co-worker is the offending party, and the employer does nothing to stop the discriminatory/harassing conduct after it has been brought to the attention of the employer, both the co-worker and the employer become
liable on the claim.
The innocent employer is kind of caught between a rock and a hard place in discrimination matters. If the claim is valid, and the employer does nothing to stop the discriminatory/harassing conduct, the employer is liable to the claimant. If the claim is not valid, and the employer discharges a co-worker wrongfully accused of discrimination/harassment, the employer may potentially be liable to the discharged co-worker for a wrongful termination of his employment.
There are also areas other than employment in which discrimination is prohibited (i.e. public accomodations, housing and extension of credit, etc).
In so far as worker's comp is concerned, no I do not practice in that area. However, it is a popular type of practice among attorneys. There should be many local attorneys in the area of Texas with which you are concerned that could handle your case. If you contact the Texas State Bar Association, they can probably refer you to an attorney.
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