Racial Discrimination

Fighting to protect your rights and make your voice heard

Racial Discrimination Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas

We fight on your behalf to receive just compensation for your damages.

Racial Discrimination Attorney

Race discrimination in employment is illegal under Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act of 1964. Racial discrimination cases are filed with the Texas Workforce Commission and Equal Opportunity Employment Commission (EEOC) respectively, each of which has stringent deadlines with complaint requirements and required standards of proof.

The lawyers at Hernandez Law Firm have successfully represented employees who were victims of racial discrimination in the workplace. If you believe you have been discriminated against in the workplace due to your race, call our office today to discuss the details of your case and potential monetary recovery.

What qualifies as racial discrimination in Texas?

Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act of 1964 both protect individuals against employment discrimination on the basis of their race. Under the law, it is illegal for an employer to discriminate against any employee or applicant in hiring, termination, promotion, compensation, job training or any other term, condition or privilege of employment. The law applies to private employers with 15 or more employees, and to all state and local governmental entities regardless of the number of employees they have.

It is also illegal for employers to base employment decisions on stereotypes and assumptions about an individual's abilities, traits or the performance of individuals of certain racial groups.

It is illegal for an employer to make employment decisions based on issues involving race such as:

  • Whether to hire an applicant based on race
  • Marriage to or association with an individual of a different race
  • Membership in or association with ethnic based organizations or groups
  • Attendance or participation in schools or places of worship generally associated with certain minority groups

Examples of Racial Discrimination

Individuals may experience racial discrimination in many different ways. Racial discrimination may occur directly as a result of stereotyping, prejudice and bias and may also occur more subtly in the form of differential treatment.

Examples of racial discrimination include:

  • Failure to hire, train, mentor or promote an individual based on race 
  • Blaming an employee for workplace accidents, errors, or mistakes because of the individual’s race
  • Perpetrating misconceptions about an employee because of the individual’s race
  • Suggesting “preferred” individuals for employment positions or promotions because of race (promoting one race in favor of another)
  • Paying equally-qualified employees in the same position different wages because of race 
  • Denying a position on the basis of race 
  • Treating employee's different with respect to the conditions and benefits of employment because of the individual’s race
  • Preventing contact with clients because of race and/or skin color

Protect Your Civil Rights from Racial Discrimination

Race discrimination in the workplace is illegal and is considered a protected category under the Civil Rights Act of 1964. Race discrimination may occur during the hiring phase, during layoffs or firings, promotions or demotions, or in relation to pay or compensation issues, and even affect job conditions or reductions in responsibilities.

Unfortunately, employment and racial discrimination are not isolated problems. In fact, some of the most serious and reprehensible forms of discrimination occur in companies and work environments where you would least expect. In many instances, racial discrimination goes unreported and often times the perpetrators go unpunished.

Why Hire an Attorney?

Racial Discrimination suits can be complex matters that require a great deal of investigation and understanding of legal concepts. 

At Hernandez Law Firm, we protect the rights of employees that have experienced racial discrimination in the workplace. Because the circumstances surrounding racial discrimination vary so greatly, contact our office as soon as possible for a free case evaluation. We can help you determine if your racial discrimination was wrongful and discuss the strength of your case.

How We Handle Your Case

Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, documents and all other available evidence. We also speak directly to any other potential victims and bring in experts if necessary, to understand the details of the termination.

We also gather evidence about your damages. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.

Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include lost pay, lost benefits, emotional distress, punitive damages and attorney fees. 

We thoroughly review your case to determine the full extent of damages that may be available to you and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.  

Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the employer that they need to take this matter seriously. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial. 

Go To Trial. Most of the time, wrongful termination cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the employer and their counsel do not believe wrongful termination occurred, or that the case is as valuable as you do.

This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Employers are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start. 

We Take Racial Discrimination Seriously

If you believe you have been a victim of racial discrimination in the workplace, it is recommended that you contact an experienced racial discrimination attorney. It is important to be aware of the statute of limitations that may limit your ability to pursue a claim once the time limit for filing has passed. While the process of pursuing a racial discrimination claim may be emotionally taxing, pursuing the claim against a perpetrator may not only prevent others from having to endure the same treatment, but may also bring personal closure for the victim. The most important goal for the lawyers at the Hernandez Law Firm is to help clients feel comfortable by understanding the process while making sure that we pursue the case efficiently and with all evidence considered.

Call Hernandez Law Firm to arrange a confidential consultation with a racial discrimination attorney today.

See What Our Clients Have to Say

Jonny L.

Auto Accident

Mr. Hernandez and staff took great care of me throughout my case. Not only did they provide aggressive representation and had the insurance company on their heels the entire time, they also went beyond my expectations to ensure I got the best medical treatment possible. I highly recommend Hernandez Law Firm. 

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Hernandez Personal Injury Law Firm

The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.

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