It is illegal to discriminate against an employee because of that employee’s race under Title VII and the Civil Rights Act of 1866, 42 U.S.C. §1981.
“It is unlawful to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups.”
“Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.”
An employer must have 15 employees for either Title VII or the Texas Labor Codes provisions protecting racial discrimination to apply.
Like other forms of discrimination, it is unlawful to retaliate against an employee who has filed a charge of discrimination or otherwise opposes any employment practices that discriminate because of race. “Employees have a right to be free from retaliation for their opposition to discrimination or their participation in an EEOC proceeding by filing a charge, testifying, assisting, or otherwise participating in an agency proceeding.”
Potential damages under Title VII for racial discrimination are:
- Back pay – Consists of wages, salary and fringe benefits you would have earned during the period of discrimination from termination to trial
- Compensatory damages – Allowed for future loss, emotional distress, pain and suffering, inconvenience, mental anguish and loss of enjoyment of life
There are limits to what you can recover for racial discrimination. The limits are determined according to the size of your employer. The limits on damages are as follows:
- Up to 100 employees: $50,000
- 101-200 employees: $100,000
- 201-500 employees: $200,000
- 500+ employees: $300,000
If you bring a claim under Title VII, you must first file a charge of discrimination with either the Texas Workforce Commission or the Equal Employment Opportunity Commission. There are very specific deadlines from which you must file your charge of discrimination, and you must file your charge of discrimination before you can file a lawsuit.
If you’ve been a victim of race discrimination or harassment, the Houston labor law attorneys at Herbert & McClelland LLP can help. If you think your race is the reason for your employment discrimination, please contact a racial discrimination lawyer in Houston at 713-987-7100 or simply fill out our free case evaluation form , and someone from our office will respond to you promptly to help you assess your racial discrimination case.
Racial Discrimination Lawyer Houston