An Anti-Racist Law Firm
We stand firmly against racism in the workplace and do the work, one case at a time, to identify and eradicate racism in the workplace.
Race/Color Discrimination in the Workplace
Employers are not allowed to make hiring, firing, or other important workplace decisions based on your race, color, or national origin.
Race Discrimination occurs when an employee or even a job applicant is treated negatively because of their race. It can also occur when an employee or applicant is treated negatively treatment of an individual because of their membership in or relationship to a race-related organization, their marriage to or relationship with someone of another race, or their relationship to a school or church that is associated with people of a particular race. It can even occur when a job applicant or employee is perceived to be of a certain race, even if that perception is not true.
Color discrimination involves treating someone unfavorably because of skin color complexion, which can occur between individuals of the same race but different complexions or shades of skin color.
Negative or “adverse” treatment based on race by employers can include failure to hire or promote, terminations or firings, layoffs, substandard compensation or pay, or other differences in the terms, conditions, or privileges or employment.
What is the Law?
The federal Civil Rights Act of 1964, also known as Title VII, and Chapter 21 of the Texas Labor Code, also known as the Texas Commission on Human Rights Act, are the statutory laws that prohibit race discrimination in the workplace. These laws apply to private employers with at least 15 employees, as well as state and local governments of any size. Under these laws, employers cannot make employment decisions based on an employee or applicant's race, or on stereotypes or assumptions about employees or applicants because of their race.
Another Federal law, 42 U.S.C. Section 1981, also prohibits discrimination based on race and can sometimes be used in addition to race discrimination claims under Title VII and the Texas Commission on Human Rights Act. While Section 1981 functions somewhat differently procedurally, an experienced employment discrimination attorney can compassionately represent you with a strategically represent you using the laws
Proving Race Discrimination
While some employers are brazen enough to openly admit their bias or prejudice against people of a certain race, color, national origin, or ethnicity, others show their bias or prejudice in different ways. Some supervisors may go so far as to use racial comments, terms, or epithets, others may discriminate and show their prejudice is more subtle, but still harmful, ways.
For example, some employees notice that they are the only ones treated more harshly, disciplined, or even terminated for things like tardiness, attendance, or job performance. Others experience race-related pranks or mistreatment by those in a position to evaluate their performance or even terminate them.
What does Race Discrimination in the Workplace Look Like?
Whether explicit, implicit, or systemic, racism in our society has plagued communities of color for the history of our nation. In the employment context, this kind of prejudice has cost people opportunity, their livelihoods, and tried to take away their dignity. With a skilled Board Certified employment discrimination lawyer on your side, you will be able to understand your legal options and pursue a strategy towards the best outcome possible.
Though every case is different, sometimes it can be helpful to hear about the experience of other people who have experienced race discrimination in the workplace. Here are some recent examples of race discrimination cases we have handled:
- A Hispanic employee was terminated for requesting off for the Easter holiday when a white coworker was allowed to miss days without notice and well beyond the permitted absences
- A Black employee of a well-known megastore had a supervisor who talked about black people being lazy and living off welfare was terminated under suspicious circumstances
- A Hispanic pest control employee was terminated under questionable circumstances after his supervisor made comments about not wanting Mexican employees on his team because they don't speak English
- A Black manufacturing employee was laid off and replaced by a white male soon after reporting another white coworker calling him ‘Sambo.”
- A cleaning company employee from Mexico was terminated by a Colombian supervisor made comments about Mexicans being worthless.
- A Black Muslim software engineer from Tunisia who was supposedly laid off after the CEO repeatedly referred to Muslims as “terrorists.”
- A Hispanic city maintenance employee was terminated for a single positive drug screening whereas his white coworker was not despite having multiple positive drug screenings.
- A Black employee of a street-sweeping company was fired after being blamed for a white employee threatening a customer. The white employee kept his job.
If you feel you are being mistreated because of your race, contact our firm today to connect with a board certified employment discrimination attorney to discuss your situation.