Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is illegal to discriminate on the basis of race in the state of Texas. Employers are prohibited 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 matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be successful in a racial discrimination claim, the Hidalgo employee must also prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Hidalgo Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Hidalgo lawyer will be familiar with requirements in your area. A good Texas attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.