Emergency Evacuation Discrimination

Under Chapter 22 of the Texas Labor Code, Texas law provides protections prohibiting employer discrimination againt employees who leave the workplace in certain emergency situations.  More specifically, Texas Labor Code Section 22.002 states than an employer may not discharge or in any other manner discriminate against an employee who leaves the employee’s place of employment to participate in a general public evacuation ordered under an emergency evacuation order.  According to Texas Labor Code Section 22.001(2), emergency evacuation order means an official statement issued by the governing body of this state or a political subdivision of this state to recommend the evacuation of all or part of the population of an area stricken or threatened with a disaster.  In addition, Texas Labor Code Section 22.00(1) defines disaster to mean the occurrence or imminent threat of widespread or severe damage from a natural or man-made cause, including, for example, fire, flood, wind, storm, wave action or other public calamity.  As stated in Texas Labor Code Section 22.003, an employer who violates Section 22.002 is liable for any loss of wages and employer-provided benefits incurred by the employee and the person discharged is entitled to reinstatement in the same or an equivalent position of employment with commensurate pay.  However, Texas Labor Code Section 22.004 states that Section 22.002 does not apply to people employed as emergency services personnel if  the employer provides adequate emergency shelter for those people.  Section 22.002 also does not apply to a person who is necessary to provide for the safety and well-being of the general public, including a person necessary for the restoration of vital services. 

Whether employment discrimination for participating in an emergency evacuation occurs in Beaumont, Galveston, Houston or elsewhere in Texas, victims of emergency evacuation discrimination may consult an attorney to determine if an emergency evacuation discrimination lawsuit may ultimately be appropriate under the facts and circumstances of the particular potential claim.