racial discrimination by adam.kielich


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									Racial discrimination and ethnicity discrimination are both illegal forms of employment
discrimination under Title VII and Texas law. Race or racial discrimination relates to a person's
physical appearance, such as skin color. Ethnicity discrimination relates to a person's ancestry or
culture. Perpetrators of discrimination rarely see a difference between the two but the
discrimination you experience in the workplace may be one or the other or both.

How race and ethnicity discrimination occurs in the workplace

Racial discrimination and ethnicity discrimination is prohibited in any part of the employment
relationship, from hiring practices through termination of employment. Race and ethnicity
discrimination is prohibited when it has a negative effect on obtaining or keeping a job as well as
the terms and conditions of employment. Common ways discrimination can occur:

       Job advertisements
       Recruiting
       Application processes and applicant screening
       Interviews
       Pre-employment inquires
       Job referrals
       Job assignments and promotions
       Compensation (both pay and benefits)
       Merit reviews, performance evaluation and raises
       Disciplinary practices
       Terminations, layoffs and reductions in force (RIF)
       Harassment

Racial discrimination and ethnic discrimination can occur at any time before or during
employment. This form of discrimination may start during the hiring process or an employee
may go years before ending up down the food chain from a racist supervisor. Discrimination can
also occur through workplace harassment. Harassment occurs when the workplace becomes
hostile through the acts of coworkers or management. Harassment can occur through words,
pictures, emails, job assignments, threats and even physical contact. Harassment becomes
actionable as discrimination when it begins to negatively affect your job. It is always actionable
when management is perpetrating the harassment. If it is your co-workers, it becomes actionable
when management has a reasonable opportunity to stop the harassment but fails to do so.

Your employer may also retaliate against you for bringing claims of racial discrimination or
ethnicity discrimination to the attention of management, HR, or a government agency. This
retaliation is illegal and creates an independent claim against your employer. Your right to work
free from racial discrimination includes the right to report illegal discrimination and take steps to
protect your rights.

Remedies for race and ethnicity discrimination

The law provides remedies to make a victim of racial and ethnicity discrimination whole. These
remedies can range from requiring the employer to hire/reinstate/promote/etc. to paying for
economic losses, such as lost wages while you try to find a new job. The specific remedies
pursued on a race and ethnicity discrimination claim depend upon the what negative effects you
suffered and what is best for you. If the company was very hostile towards you then it may not
make sense to ask the court to reinstate you to your job and instead ask for the company to pay
your lost wages. The job you lost may be particularly important to you so reinstatement may be
the appropriate remedy. Determining the right course of action is something we will discuss
together when you hire The Kielich Law Firm to represent your racial discrimination or ethnicity
discrimination claim.

How race and ethnicity discrimination claims are handled

Race and ethnicity discrimination claims follow the same process as other employment
discrimination claims, which is a complex process. Race and ethnicity discrimination claims
begin with a charge filed with the federal (EEOC) and state (TWC) discrimination agencies who
will investigate your claims of discrimination. The charge must be filed within a limited period
of time after the discrimination occurred to preserve your claims.

During the investigation there may be mediation between you and your employer. If there is a
finding of discrimination one of the government agencies may decide to file suit against your
employer and we will work jointly to represent your claims. If neither government agency
decides it has enough information to find discrimination occurred then we will pursue litigation
on our own. From there, the case may settle or go to trial.

All employment discrimination claims are challenging claims for many reasons. The employer
controls most of the information that might directly prove discrimination. Often, there is no
direct evidence (no smoking gun) of discrimination so the case must be proven by indirect or
circumstantial evidence.

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