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. 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 federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.

To succeed on a claim of racial discrimination, the San Benito plaintiff must additionally show that his employer acted with an intent to discriminate based 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 San Benito Lawyer Help with My Claim?

Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local San Benito lawyer will be familiar with requirements in your area. An experienced Texas lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.