When you apply for a job or go to work, you hope that your employer will make decisions based on your performance and your qualifications. However, many employers have biases and prejudices based on race. In some cases, employers treat workers differently based on their race, while in other cases, they enact policies that appear neutral but have a disparate impact on certain employees, due to their race. If you have been harmed by discrimination in your workplace, you should consult the Dallas race discrimination lawyers at Rob Wiley, P.C.
Recognizing Race DiscriminationRace discrimination occurs when a job applicant or employee is treated adversely because of his or her race. It can also occur when there is adverse treatment of a job applicant or employee based on their membership in or association with a race-related organization, their marriage to or relationship with an individual of another race, or their participation in a school or house of worship that is associated with people of a particular race. It can also occur when a job applicant is perceived to be of a particular race, even if the perception is inaccurate.
Adverse treatment based on race could include failure to hire, firing, layoffs, failure to promote, failure to train, different compensation, or other differences in the terms, conditions, or privileges of employment. We also pursue lawsuits against employers that discriminate against races as a class by using discriminatory testing or promotion systems that never seem to advance people of a particular race.
There are certain kinds of evidence that may indicate racial discrimination. Using job applications that ask about an applicant’s race may be evidence of race discrimination. When there are pranks played on black employees that involve hanging nooses or the use of the “N-word,” this may constitute racial harassment. A race discrimination attorney in Dallas can help bring a claim based on harassment that is severe or pervasive, such that it alters the terms and conditions of employment.
Title VII of the Civil Rights Act of 1964 and Texas Labor Code Chapter 21Title VII of the Civil Rights Act of 1964 is an important federal law that prohibits race discrimination. It applies to private employers with at least 15 employees and state and local governmental entities of any size. Texas Labor Code Chapter 21 also prohibits race discrimination and applies to employers that have a minimum of 15 employees. Under these laws, employers are not permitted to base their employment decisions on stereotypes or assumptions about the performance, traits, or abilities of job applicants or employees of certain races, or their affiliation with people of certain races.
These laws also prohibit employer retaliation against employees who oppose race discrimination or bring a claim of race discrimination. Retaliatory actions could include firing, not promoting, demoting, or any other adverse employment decision. For example, your employer is not allowed to terminate you because you filed an Equal Employment Opportunity Commission (EEOC) charge under Title VII. Similarly, a Dallas race discrimination attorney could help you bring a retaliation claim if you were fired for cooperating with the EEOC in its investigation of your coworker’s claim.
The Texas Workforce Commission Civil Rights Division permits workers to submit race discrimination complaints brought under Texas law. The Division enforces the Texas Commission on Human Rights Act. It has a work sharing agreement with the EEOC, so usually you can file with one agency and indicate that you want the same complaint to also be filed with the other.
Hire an Experienced Employment Attorney to Protect Your RightsRace discrimination can occur when employees are applying for jobs and when they get a job. It is humiliating to be judged for your racial identity rather than your accomplishments and work performance. If you are subjected to race discrimination, we may be able to recover damages for your losses. Call us at (214) 528-6500 or use our online form to set up an appointment with a knowledgeable race discrimination lawyer in the Dallas area.