Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is banned to discriminate on the basis of race in the state of Texas. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion opportunities.
What Must Be Proven in a Discrimination Claim?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the authority to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
The Austin plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Austin Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Austin lawyers will be familiarized with the requirements of your geographical region. A good Texas attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.