Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited 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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Carrollton plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. 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 Carrollton Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Carrollton lawyer will help familiarize you with the requirements for your district. A good Texas attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.