The Problem

Racism is real.  Though we would like to think that the scars of the past are behind us, they simply are not.  There are those in this country who continue to treat a person differently simply because of the color of his or her skin or place of origin and even though such discrimination has been illegal for decades.

This type of discrimination shows up in countless ways. For example:

• An employee of color never gets hired. 
• An employee of color is paid less or denied opportunities for advancement.
• An employee of color is fired when a non-minority does not get fired for doing the same thing.

Remedies

There are several laws that allow an employee who thinks he or she has been the victim of race discrimination to pursue a legal claim.  These statutes include Title VII, Texas Labor Code Chapter 21 or 42 U.S.C. Section 1981.  Each of these statutes has a different period of time within which the employee must file a claim.  Both Title VII and Texas Labor Code Chapter 21 have damages caps that apply whereas 42 U.S.C. Section 1981 does not have a comparable damage cap.

Title VII and Texas Labor Code Chapter 21 require an employee to file an administrative charge of discrimination with the EEOC or Texas Workforce Commission before a lawsuit can be filed.  42 U.S.C. Section 1981 does not.

Moving Forward

Because the time periods for filing this type of claim can be short, any employee who thinks he or she has been the victim of discrimination should move forward quickly.  If you believe you have been discriminated against in your employment because of race, contact us by clicking Tell Us About Your Problem and filling out the questionnaire.