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

In order to succeed on a claim for racial discrimination, the Santa Fe plaintiff must also prove that their employer intended to base the discrimination on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a Santa Fe Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Santa Fe lawyers will be familiarized with the requirements of your geographical region. 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.