Employers in Texas and around the country are prohibited from discriminating based on race, religion, color, race or national origin by Title VII of the 1964 Civil Rights Act, but a contentious legal debate has raged in recent years over whether or not these protections should be expanded to cover gay workers. While President Obama made clear during his two terms in office that he believed that gay workers should be protected by the landmark law, Congress and the federal courts have generally been reluctant to act on the issue.
DOJ takes position that Title VII does not protect gay workers
Workplace discrimination and similarly situated employees
Texas workers who are currently embroiled in an employment discrimination case or who are considering filing a discrimination complaint against an employer should know that a factor that is likely to be considered in their case is the employer's treatment of other similarly situated employees. They should also be aware that the definition of a similarly situated employee will vary depending on the type of legal claim made and the federal court in the case is filed.
