What is Race Discrimination?
Title VII of the Civil Rights Act, and the Texas Labor Code, section 21.001, provides legal protection against Race Discrimination in the workplace. Race discrimination exists when an employer, supervisor or co-worker deliberately discriminates against an employee because of their race. Some examples of race discrimination include:
- Calling someone a derogatory racist name
- Telling racists jokes
- Not being hired because of race
- Not being promoted because of race
- Treating someone less favorably because of their race.
- Discipline administered to someone because of their race, or otherwise not treating someone the same, for disciplinary purposes, because of their race
The law also protects employees and executives from retaliation who may complain about Race discrimination. An employer may not terminate, demote, reduce the pay or otherwise discipline an employee or executive because they report, or witness, racist behavior in the workplace.
FILING A CHARGE OF RACE DISCRIMINATION WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
The Equal Employment Opportunity Commission [EEOC] is the federal agency responsible for investigating charges of discrimination in the workplace related to Race, Age, Gender and Disability among others. There are very short time limitations to file a charge, or complaint, with the EEOC for Race Discrimination against an employer. Simply put, if you wait too long, you will waive any potential legal claims for Race discrimination. Filing a Charge of Discrimination is the first step to prosecuting a claim of Race Discrimination under Title VII.
There is no fee for filing a Charge of discrimination with the EEOC. Although a San Antonio race discrimination lawyer is not necessary to file a Charge with the EEOC, you should contact the Law Office of Jeffrey A. Goldberg for a free case evaluation before you file with the EEOC. It is important to have your case evaluated by Board Certified Labor and Employment attorney, Jeffrey A. Goldberg to protect your rights and to understand the EEOC process before a lawsuit is filed. If attorney Jeffrey A. Goldberg is able to assist you, he will guide you through the EEOC process and evaluate potential litigation.
As part of the EEOC process, the company may want to attend mediation, which is a non-binding process that may be able to resolve your case. It is important for employees and executives to understand the mediation process and the Law Office of Jeffrey A. Goldberg has experience in helping and representing employees and executives at the EEOC and the EEOC mediation. The company will have its representative and attorney at any mediation and employees and executives should also have an attorney present at mediation.
The EEOC process to investigate a claim of Race discrimination takes a considerable amount of time. An EEOC investigator will be assigned to your case and the investigator will make a determination if there is sufficient evidence to determine whether the employer may have violated Title VII, or not.
The EEOC will ultimately issue a Right to Sue for Race Discrimination. There are very short deadlines to file any lawsuit and you should contact an experienced San Antonio race discrimination attorney at the Law Office of Jeffrey A. Goldberg to determine when and if a lawsuit should be filed against the employer.
TYPES OF DAMAGES AVAILABLE IN RACE DISCRIMINATION CASE UNDER TITLE VII OF THE CIVIL RIGHTS ACT
If an employee or executive prevails in Race Discrimination case, recoverable damages may include: reinstatement; lost wages and benefits in the past; lost wages and benefits in the future [in lieu of reinstatement]; damages for mental anguish and emotional distress; punitive damages to punish the company; attorney’s fees and costs.
The Law Office of Jeffrey A. Goldberg has a successful track record representing clients for Race Discrimination claims in San Antonio, and also has litigation experience representing clients with the EEOC. As published by the EEOC website regarding significant EEOC Race Discrimination cases, in November 2019, a federal judge approved a $1.2 million settlement resolving the EEOC’s racial harassment suit against Nabors Corporate Services Ince and another Houston-based oil field services company. Nine Black employees and a white co-worker received payments. The case is styled EEOC v. Nabors, Ltd. No. 5:16cv-00758 [W.D. Tex. consent decree approved November 12, 2019].
OTHER RACE DISCRIMINATION LAWS-SECTION 1981
Section 1981 of the Civil Rights Act of 1866 applies directly to race and ethnicity. Section 1981 protects the right to “make and enforce contracts”. These contracts also apply to employment at-will.
The distinctions between a Race Discrimination claim under Title VII and Section 1981 Race discrimination claim are important. For example:
- Under Title VII, an employee or executive must first file a Charge of Discrimination with the EEOC; there is no such requirement for a section 1981 claim;
- Title VII only covers employers with 15 or more employees; there is no such requirement for a Section 1981 claim;
- the time limitation to file a lawsuit is much longer for a Section 1981 claim—4 years; versus 90 days to file a lawsuit in federal court after a Right to Sue is issued by the EEOC in a Race discrimination charge;
- Title VII has a cap for compensatory and punitive damages for a maximum of $300,000, depending on the size of the employer; there is no monetary cap for damages in a Section 1981 Race discrimination claim.
The differences in a Title VII Race Discrimination and a Section 1981 Race Discrimination case are significant. At the Law Office of Jeffrey A. Goldberg, we understand the different potential legal claims, and damages, for Race Discrimination claims and provide you a free case evaluation to determine potential representation.
If you have been the victim of Race Discrimination, or reported racist behavior in the workplace, you may have legal claims. Employees and executives living and working in San Antonio, Texas are protected from race discrimination through various laws, including Title VII of the Civil Rights Act of 1964 and subsequent amendments and corresponding provisions in the Texas Labor Code set up the general protections for employees in the workplace. The Texas Labor Code, Section 21.051, identifies when an employer commits an unlawful employment practice, because of race, color, disability, religion, sex, national origin or age, when the employer:
- Fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation, or the terms, conditions, or privileges of employment; or
- Limits, segregates, or classifies an employer or applicant for employment in a manner that would tend to deprive an individual of any employment opportunity, or adversely affects in any other manner, the status of the employee.
There are additional legal protections for Race Discrimination under Section 1981.