When it comes to your employment, working hard can make a big difference. After all, when you apply for a position or try to ascend the work “ladder,” your performance matters – or at least it should. Unfortunately, sometimes people are judged for things aside from their work performance. Many employers have their own prejudices that can impact how they treat their employees. Sometimes they treat workers differently based upon their race.
What is Race Discrimination?
Race discrimination occurs when someone applying for a job or working for an employer is treated unfavorably because of their race. This may include things such as failing to hire someone, failing to promote or train someone, laying off or firing someone, compensating someone differently, or other differences in employment. Race discrimination can be covert in that employers may discriminate against a certain race as a class by employing specific testing or systems that work against advancing people of that race.
Race discrimination can also extend to the people the employee surrounds themselves with. For instance, if the worker is married or in a relationship with someone of an individual of another race, or participates in an organization, house of worship, or association that is associated with a particular race, they may still face race discrimination. Furthermore, someone can experience race discrimination if they are perceived to be of a specific race – even if they aren’t.
State and Federal Law Protects Against Race Discrimination
Luckily, both state and federal law protects people against race discrimination. Texas Labor Code Chapter 21 prohibits race discrimination concerning employers that have at least 15 employees. Title VII of the Civil Rights Act of 1964 is a federal law protecting against race discrimination that applies to private employers who have at least 15 employees as well as state and local government entities of any size. Both of these laws prohibit employers from basing employment decisions solely on someone’s race.
Additionally, both of these laws prohibit employers from retaliating against employees who bring a claim of race discrimination or speak out against it. Firing, failing to promote, demoting, or other adverse employment decisions could be retaliatory.
If you believe that you have experienced race discrimination, you can file a charge under Title VII with the Equal Employment Opportunity Commission (EEOC). In Texas, workers can submit complaints of race discrimination to the Texas Workforce Commission Civil Rights Division. Generally, you are able to file a complaint with one of these organizations and indicate that you wish it to be filed with the other.
It’s important to distinguish that just because someone receives adverse treatment, it doesn’t automatically mean that it is because of their race. However, there are some things that may be indicative of such treatment. These may include:
- Job applications that ask questions about the applicant’s race
- Demeaning language or acts specifically pertaining to a person’s race
- Jokes about a specific race
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Suffered Race Discrimination in the Workplace
Your place of work should be one of equity and lawfulness. You shouldn’t be mistreated on the basis of your race or racial affiliations. If you believe that you have endured race discrimination in the workplace, you may be entitled to compensation. Be sure to speak with a qualified Texas employment law attorney as soon as possible.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.