Race discrimination remains a serious problem in today's workplace. Both federal and state statutes protect workers from various forms of workplace discrimination. Under Title VII of the Civil Rights Act of 1964, a federal statute, it is illegal for an employer with 15 or more employees to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, based on the person's race, color, religion, sex or national origin. The State of Texas has also passed a law to protect workers – The Texas Commission on Human Rights Act – which follows Title VII's provisions.
Race discrimination in the workplace exists in many forms. Discriminatory actions against employees can include termination of employment or failure to hire or promote a person based on his or her race. The denial of employment opportunities to a person because of marriage to, or association with, an individual of a particular race is also illegal race discrimination. It is also illegal for an employer to require an employee to work in a hostile or abusive environment if the employee suffers racial harassment that affects a term, condition or privilege of employment. Hostile working environment claims can be based on a series of discriminatory actions over a period of time. Discriminatory actions may occur at the hands of supervisors, co-workers or even the employer’s customers.
Before a person can pursue a discrimination lawsuit under either Title VII or the Texas Commission on Human Rights Act, he or she must first file a charge of discrimination with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. There are specific deadlines associated with these filings. Generally, if one wishes to proceed under state law, he or she must file with the Texas Workforce Commission – Civil Rights Division or local fair employment practices agency within 180 days of the discriminatory conduct. If one wishes to proceed under federal law, one must file with the EEOC within 300 days of the discriminatory conduct. Because the Texas Workforce Commission – Civil Rights Division and the EEOC have a work-sharing agreement, one may file his or her charge with one agency and ask the investigator to cross-file the charge with the other agency, thereby satisfying both state and federal deadlines. Failure to take this important step within the required timeframe may prevent a person from asserting any claims for discrimination against an employer.
In addition to Title VII and the Texas Commission on Human Rights Act, the Civil Rights Act of 1866, codified at 42 U.S.C. §1981, was passed shortly after the Civil War to give blacks the same rights under the law as whites. Section 1981(a) states that all “persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” Not only does §1981 make unlawful discrimination by private and public employers, but by virtue of 42 U.S.C. §1983, it also makes it unlawful for state and local government officials, acting “under color of law,” to discriminate based on race. This feature distinguishes §1981 from Title VII and the Texas Commission on Human Rights Act, neither of which provide for a remedy against individuals. In addition, §1981 protects independent contractors from race discrimination, which distinguishes it from Title VII and the Texas Commission on Human Rights Act, which both protect only employees. Also unlike Title VII and the Texas Commission on Human Rights Act, individuals can pursue §1981 claims directly, without having to exhaust any administrative prerequisites.
The attorneys at Tanner and Associates can provide you with the guidance and representation you need to determine whether you have a viable claim of race discrimination, which statute to proceed under, and will then prosecute your lawsuit if appropriate based on the facts.