Is Your Employer Discriminating Against You Because of Your Race?

Here's what you need to know:

Federal law provides comprehensive protection against race discrimination through Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. The law prohibits discrimination based on race, color, and national origin in all aspects of employment, including hiring, firing, promotion, compensation, job training, and other terms and conditions of employment. Under federal law, race discrimination can manifest as direct discrimination, disparate impact (policies that appear neutral but disproportionately affect members of certain racial groups), or harassment creating a hostile work environment. The Equal Employment Opportunity Commission (EEOC) enforces these protections and provides a mechanism for employees to file complaints of discrimination.

Texas law supplements federal protections through Chapter 21 of the Texas Labor Code, which largely mirrors federal law but includes some important distinctions. The Texas Commission on Human Rights Act (TCHRA) applies to employers with 15 or more employees and prohibits discrimination based on race, color, and national origin. Texas employees can file complaints with either the Texas Workforce Commission Civil Rights Division (TWC-CRD) or the federal EEOC, thanks to a work-sharing agreement between the agencies. Texas law provides a slightly shorter statute of limitations than federal law – employees must file a complaint within 180 days of the discriminatory act with the TWC-CRD, compared to the 300-day deadline for EEOC charges in Texas.

Both federal and Texas law provide similar remedies for victims of race discrimination, including back pay, front pay, reinstatement, compensatory damages, and punitive damages in cases of intentional discrimination. Under Texas law, damage caps for some types of damages are tied to the size of the employer, ranging from $50,000 for employers with 15-100 employees to $300,000 for employers with more than 500 employees. Additionally, Texas courts often look to federal case law when interpreting state anti-discrimination provisions, creating a generally consistent body of precedent. However, Texas state courts may sometimes interpret state law provisions independently, potentially providing broader or different protections than federal law in specific circumstances. Both laws also protect employees from retaliation for opposing discrimination, filing complaints, or participating in discrimination investigations or proceedings.

Section 1981 of the Civil Rights Act of 1866 provides additional crucial protection against race discrimination, offering several advantages over Title VII claims. This historic civil rights law prohibits race discrimination in the making and enforcement of contracts, including employment contracts, and applies to all employers regardless of size, including independent contractors and small businesses not covered by Title VII. Section 1981 claims have a longer statute of limitations (four years for most claims) and no requirement to first file with the EEOC. Importantly, Section 1981 has no caps on compensatory or punitive damages, potentially allowing for larger recoveries in cases of egregious discrimination. While Section 1981 only addresses intentional discrimination and does not cover disparate impact claims, it can be pursued simultaneously with Title VII and state law claims, giving victims of race discrimination multiple avenues for seeking justice.

If you are experiencing race discrimination in the workplace, you need a skilled lawyer on your side. Contact The Holman Firm PLLC for a free case evaluation.

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