What are the differences between federal and state employment discrimination law?
The federal laws that protect employees from workplace discrimination come from the Equal Employment Opportunity Commission (EEOC), which is an agency of the United States government. These federal laws apply to all states and all employers in the United States. Federal law prohibits employers from discriminating against job applicants or employees based on their race, gender, religion, national origin, and other protected characteristics. In addition to federal laws, many states also have their own laws that provide additional or more specific protections against workplace discrimination. This is true in Texas. The Texas Commission on Human Rights (TCHR) enforces state laws that protect workers from discrimination based on race, color, religion, sex, disability, age, national origin, genetic information, and veteran status. The biggest difference between federal and state employment discrimination laws is that federal laws have a higher standard for employers to meet when it comes to preventing discrimination. The scope of federal laws is also broader, meaning that it covers more people in more situations. On the other hand, state laws tend to be more specific and may provide exclusive protections for certain individuals, such as members of the LGBTQ+ community, that are not covered by federal laws. Another key difference between federal and state employment discrimination laws is that state laws may provide more extensive remedies for individuals who have experienced discrimination in the workplace. These remedies may include damages for emotional distress, punitive damages, or even suspension or termination of the discriminatory employer. Overall, Texas employers must comply with both federal and state laws when it comes to workplace discrimination. It is important for employers to understand the differences between the two, as the laws vary and the consequences for violating the laws can be severe.
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