Citations:

(Civil Rights Division, 2023)

• Enforced by the Civil Rights Center

• Additional discrimination that is prohibited under the law is discrimination against pregnancy or childbirth, sexual orientation, marital status, and gender identity

• Penalties for non-compliance may include compensatory and punitive damages, financial and spiritual damages for the company as far as business is instructed.

• Federal or State courts can legally enforce the law

https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/Title_VII_Statute.pdf

The Texas Constitution also states Equality Under the Law, which prohibits any individual denial or abridging opportunity based on race, sex, gender, creed, or national origin (Tex. Const. § 3a, 1972).

• Enforced by the Texas Workforce Commission

• Additional discrimination has also stretched to pregnancy and childbirth, as well as sexual orientation and gender identity

• State courts can enforce the equal opportunity law to prevent discrimination in the workplace

https://tlc.texas.gov/docs/legref/TxConst.pdf

Citations:

(Tex. Const. § 3a, 1972).

(Title VII of the Civil Rights Act of 1964, 1964)

• Employees cannot be fired for disclosing information about an organization

• Enforced by the Office of Inspector General, under the Department of Homeland Security

• Retaliation, demotion, or retaliation of an employee due to disclosure of information can lead to reinstating the employee of their previous position, financial compensation for money lost, and punishment of the supervisor who took action against the whistleblower

• Protection against whistleblowers holds up when an employee discloses information about violations of laws, rules, or regulations, mismanagement, waste of funds, abuse of authority, and an action that can cause damage to workers and the public (Whistleblower Rights and Protections, 2023).

https://www.oig.doc.gov/OIGPublications/WP_Whistleblower-Protection-Act-of-1989.pdf

The Texas Labor Code helps enforce Title VII of the Civil Rights Act of 1964, ensuring that no employee is discriminated against. The law states that employers cannot discriminate against race, gender, religion, or national origin (Texas Labor Code, ⸹21.001, 1995).

• This state statute upholds the federal law against discrimination in the workplace

• Not adhering to the statute could result in civil and legal suits, where victims could receive compensatory and punitive damages

• In Texas, the timeline to file a suit against wrongful termination is 180 days

https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm

Citations:

(Texas Labor Code, ⸹21.001, 1995).

(Whistleblower Protection Act, 1989)

• The terminated employee was fired from his position because of his sexual orientation

• Due to his firing, the former employee filed a claim that he experienced discrimination

• Following his termination and the suit, the employee received $825,000 in monetary relief for backpay and punitive damages

• The terminated employee reported the claim, followed the legal path to pursue relief, and was rewarded with money because the organization violated Title VII of the Civil Rights Act of 1964

https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

In a termination case, an employee with Down Syndrome was terminated because the store changed its computer system and she was not mentally resilient enough to comprehend the system (EEOC v. Wal-Mart East, L.P., 2017). She began showing up to work later and leaving early. The store stated the employee had become chronically absent, but never made adequate accommodations for her. This is an example of wrongful termination that may seem ethical to the employer but can also result in legal consequences because of the employee’s state of mind.

• The organization violated the Americans with Disabilities Act, which requires that all employees with identified disabilities, have to receive accommodations (Americans with Disabilities Act, 2008).

• The employee should have received accommodations, even when new systems or rules or set into place

• For employees to receive accommodations, they have to make the organization aware of their disability

• Communicating a disability with workplaces does not have to be shared until employed by the organization

• Employees cannot ask about accommodations in an interview

• This employee reported her wrongful termination and received a monetary reimbursement for her troubles

https://www.eeoc.gov/sites/default/files/2020-11/Walmart%20Stores%20East%20LP%20EEOC%20v%207C%20rep-br%2010-20%20pmk.html

Citations:

(Americans with Disabilities Act, 2008)

(EEOC v. Wal-Mart East, L.P., 2017)

(Bostock v. Clayton County, 2020)

(Title VII of Civil Rights Act of 1964)

• Employers do not have to pay employees on leave but they cannot drop their insurance

• The leave may be costing the company money, but if an employee has insurance it cannot be terminated

• Not all employers offer insurance benefits so this applies only to employees who have insurance coverage through their organization

• This is enforced by the U.S. Department of Labor

• If an employee is terminated, they have the right to choose if they want to continue carrying the insurance for a limited period

https://www.dol.gov/agencies/whd/fmla/law

During the pandemic, some companies, mostly in the medical industry, required employees to get the COVID-19 vaccine. This mandate was unethical and not upheld as a federal standard (Smith & Nagele-Piazza, 2022).

• The Equal Employer Opportunity Commission upheld their support that employees could not be terminated or discriminated against because they decided against the vaccine

  • This was especially true due to medical or religious decisions

• No federal or state bill or law was passed to enforce this mandate

• Although many organizations followed through with termination on this issue, many employees accepted the termination without regard to discrimination

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if-workers-refuse-a-covid-19-vaccination.aspx

Citations:

(Smith & Nagele-Piazza, 2022)

(Family and Medical Leave Act, 1993)

• The district cannot fire anyone based on the characteristics under the policy

• The federal law Title VII of Civil Rights Act of 1964 upholds the local policy against discrimination (Title VII of Civil Rights Act of 1964, 1964).

• Not adhering to the policy could result in legal action against the district and the superior who took action on the terminated individual

Policy Code DAA – Employment Objectives: Equal Employment Opportunity – Perryton ISD Board Policy Manual - Policy Online (tasb.org)

Before terminating an employee, the district must also consider recent evaluations and establish relevance regarding the termination (Perryton ISD, 2013).

• Employees cannot be let go without reasonable cause unless they are on a first-year contract

• This policy holds the school boards, the superintendent, and administrators liable for their actions

• Recording and documenting evaluations, employee archives, and accessing these files in the event a termination needs to be made can be helpful to avoid future legal challenges

• The Texas Education Code reflects this policy

Policy Code DFBB – Term Contracts: Nonrenewal – Perryton ISD Board Policy Manual - Policy Online (tasb.org)

Citations:

(Perryton ISD, 2013)

(Title VII of Civil Rights Act of 1964, 1964)

(Perryton ISD, 2021)

• First and foremost, it is best to avoid terminating employees unless necessary. If applicable, providing extra resources such as training for employees to resolve issues for termination, can assist the employee

• If termination is necessary due to an employee not following policies, rules, or laws, or creating an unhealthy environment for colleagues or the public, it is best to document all the reasons and reference them at the termination. If a terminated employee does not request a hearing, the board does not have to adhere to any additional actions (Perryton ISD, 2013).

• It might be more appropriate to not hire "risky" employees before an organization has to terminate them. Organizations still have to adhere to hiring laws and policies and discrimination is not prohibited. However, if the employee has a history of bad references due to insubordination or failure to comply, it may be more insurance to never hire the individual.

Citations:

(Perryton ISD, 2013)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm

https://www.nea.org/resource-library/code-ethics-educators

Citations:

(Tex. Educ. Code, ⸹ 21.206).

(National Education Association, 2020)

• Laws and ethics regarding wrongful termination have led me to pursue a career in human resources because I think wrongful termination is more prevalent than suspected.

• Learning and understanding the laws and ethics of termination can help me lead an organization to carry out more appropriate termination actions.

• Pursuing a graduate degree will help me further understand what laws and policies apply to my career, while also understanding the consequences of not adhering to policies and laws.