The Texas Labor Code, Title VII of the Civil Rights Act, and other federal laws (including Section 1981) prohibit employment discrimination on the basis of race or national origin. These laws make it unlawful for an employer to discriminate against an employee based on race or national origin when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment.  In addition, these laws prohibit an employer from retaliating against an employee for opposing an unlawful act of race or national origin discrimination.

EMPLOYEE REMEDIES FOR RACE OR NATIONAL ORIGIN DISCRIMINATION

In a lawsuit for national origin or race discrimination, an employee may be able to recover:

• Lost wages and benefits to the time of trial
• Lost wages and benefits into the future
• Compensatory damages
• Punitive damages
• Attorney’s Fees

Prior to filing a lawsuit, an employee may need to file  a charge of  discrimination with the Equal Employment Opportunity Commission (EEOC) and/or Texas Workforce Commission (TWC).  These agencies enforce the laws protecting employees from age discrimination in the workplace.  To preserve rights under Title VII and the Texas Labor Code, an employee must file a charge of discrimination with these agencies.

WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU BECAUSE OF YOUR RACE OR NATIONAL ORIGIN

Contact a lawyer immediately, and preferably a lawyer who routinely represents employees in employment litigation.  If you are not able to contact an attorney, you should contact the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division.  To preserve your rights under the law for this type of discrimination, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with either the EEOC or TWC.  Lastly, take thorough notes regarding everything discriminatory that is being said or done to you and keep all records related to your employment.  These notes and records may prove invaluable in a later lawsuit.

ADDITIONAL RESOURCES FOR LEARNING ABOUT RACE AND NATIONAL ORIGIN DISCRIMINATION

• EEOC Fact Sheet on National Origin Discrimination
• EEOC Fact Sheet on Race and Color Discrimination
• Workplace Fairness Fact Sheet on Race Discrimination
• Workplace Fairness Fact Sheet on National Origin Discrimination
• Questions and Answers Regarding Race and Color Discrimination

If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.