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. Employers are barred according to theses laws from using race as a basis for hiring, recruitment, setting wage levels, or granting promotions.

What Must Be Proven in a Discrimination Claim?

The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.

To be successful in a racial discrimination claim, the Hempstead employee must further show that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.

How Can a Hempstead Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Hempstead lawyer will be familiar with requirements in your area. An experienced Texas lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.