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 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?

Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.

To succeed on a claim of racial discrimination, the Wharton plaintiff must also show that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.

How Can a Wharton Lawyer Help with My Claim?

In some instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Wharton lawyer will help familiarize you with the requirements for your district. 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.