Can I sue my boss for calling me gay?

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Can I sue my boss for calling me gay?

He refers to me as the f-word at word all the time and makes homosexual jokes at me constantly. He recently cut my hours for not being able to show up at work even the I gave him a week’s notice that I would not be able to show up. Is there anything I can do about this?

Asked on November 2, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas has an agency designed to help with harrassment and discrimination complaints.  It's called the Texas Commission on Human Rights.  It is the State version of the EEOC. You don't have to go to their main office.  They actually have procedures online that you can utilize to file a complaint.  Here is the link to their site:  http://www.twc.state.tx.us/crd/file_emp.html.   Texas doesn't have local "labor boards," but there is are other agencies like the Texas Workforce Commission and the Texas Worker's Comp Commission that handle some employment related matters-- but the TWC handles unemployment claims and the TWCC handles worker's compensation claims.  Even though related to employment, they will refer you to the Texas Commission on Human Rights to file a discrimination complaint because they are the agency designated to handle these types of issues.  

You also want to visit with an employment law attorney.  Before you visit the attorney, take a copy of any employer policies or handbooks.  Sometimes administrative agencies like this commission while require you to exhaust internal and administrative remedies before filing a discrimination suit.  An attorney that does employment law can guide you on how to perfect your complaint. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggets that you make a complaunt with your local department of labor about the comments you are receiving at work as well as consult with a labor law attorney. From what your employer is doing is that he is harassing you in the workplace and engaging in impermissible discrimination based upon your sexual orientation which is illegal.


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