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 offers.

What Must Be Proven in a Discrimination Claim?

The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power 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 adversely than co-workers who are of a different race or nationality.

In order to succeed on a claim for racial discrimination, the Commerce plaintiff must further show that their employer intended to base the discrimination on race or nationality. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can a Commerce Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Commerce lawyers will be familiarized with the requirements of your geographical region. Should you decide to file your claim at the EEOC, a Texas lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.