
Throughout his presidency, Donald Trump made numerous statements and signed executive orders that raised concerns about employment discrimination protections. However, despite any political rhetoric or directives, federal and state laws remain clear: workplace discrimination is illegal. Employers are still bound by long-standing statutes that protect workers from discrimination based on race, gender, national origin, religion, disability, and other protected characteristics.
The Civil Rights Act Still Stands
The primary federal law prohibiting employment discrimination is Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). This law makes it unlawful for employers to discriminate in hiring, firing, compensation, or any other terms and conditions of employment based on race, color, religion, sex, or national origin.
Despite the Trump administration’s efforts to weaken certain protections, Title VII remains fully enforceable. Courts have repeatedly upheld its protections, ensuring that employees continue to have legal recourse when facing workplace discrimination.
Sex Discrimination Includes LGBTQ+ Protections
One of the most significant employment discrimination rulings in recent years came from the U.S. Supreme Court in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). In this landmark decision, the Court ruled that discrimination based on sexual orientation and gender identity is a form of sex discrimination under Title VII.
Despite opposition from the Trump administration, which argued that Title VII did not cover LGBTQ+ individuals, the Supreme Court unequivocally held otherwise. This means that regardless of any statements or policy positions taken by Trump or any other politician, employers cannot legally fire or refuse to hire someone simply because they are gay or transgender. The Trump administration has removed educational materials informing Americans of these protections from government websites, but it is important to know they still exist and protect you and your coworkers.
The Americans with Disabilities Act and Disability Protections
The Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) remains a powerful tool protecting workers with disabilities. The ADA prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations.
During the Trump administration, there have been efforts to roll back protections for individuals with disabilities, including proposed changes to Social Security Disability Insurance and efforts to weaken accessibility requirements under the ADA. However, these actions did not alter the fundamental protections guaranteed under federal law. Employees with disabilities continue to have the right to fair treatment and reasonable accommodations in the workplace.
Retaliation is Also Illegal
Employees who report discrimination, either internally or through government agencies such as the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC), are protected from retaliation under federal and state law. Title VII, the ADA, and the Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 621 et seq.) all prohibit retaliation against employees who assert their legal rights.
Even if an employer believes they are following a presidential directive, firing or punishing an employee for filing a discrimination complaint is illegal. Employers who retaliate against workers can face lawsuits and significant financial penalties.
Texas Law Also Protects Workers
In addition to federal protections, Texas employees have additional protections under the Texas Labor Code, Chapter 21 (formerly known as the Texas Commission on Human Rights Act). This law mirrors Title VII and provides Texas workers with protections against employment discrimination based on race, sex, religion, national origin, disability, and age.
Texas courts generally follow federal case law when interpreting Chapter 21, meaning that decisions like Bostock apply to Texas employees as well. Employers operating in Texas must comply with both federal and state anti-discrimination laws or face legal consequences.
Conclusion: The Law is Clear
While presidential statements and executive orders can shape policy, they do not override existing laws passed by Congress and upheld by the courts. Employers in Texas and across the United States must still comply with federal and state anti-discrimination laws, or they risk serious legal consequences.
If you believe you have been discriminated against at work, you have rights. Consulting with an experienced employment attorney can help you understand your options and seek justice. Discrimination in the workplace remains illegal—no matter who is in the White House.