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Race Discrimination in Texas: Your Rights When You Face Workplace Racism

If you were fired, harassed, or treated unfairly because of your race, Texas law protects you—but only through federal standards. Workers of all races have protections against discrimination under both Texas law (TCHRA) and federal Title VII. However, Texas offers no advantages beyond what federal civil rights law already provides.

Race discrimination is illegal in all its forms, from refusing to hire qualified candidates of certain races to creating hostile work environments through racial slurs and stereotypes. Your employer cannot make employment decisions based on race, color, skin tone, hair texture, or ethnic characteristics.

This guide explains what race discrimination looks like in Texas, who is protected, and how to fight back using the same federal standards that apply nationwide.

What Is Race Discrimination?

Race discrimination happens when an employer treats you worse than other employees because of your race, color, ethnic background, or physical characteristics associated with race. This includes any negative employment action based on racial bias or stereotypes.

Under both the Texas Commission on Human Rights Act (TCHRA) and federal Title VII of the Civil Rights Act, it’s illegal to discriminate based on:

  • Race (Black, White, Asian, Pacific Islander, Native American, multiracial)
  • Color (skin tone, complexion, even within the same racial group)
  • National origin (country of origin, ethnicity, accent, ancestry)
  • Hair texture and protective hairstyles (covered under federal interpretation of race discrimination)

Race discrimination can affect:

  • Hiring decisions (refusing to hire qualified candidates because of race)
  • Terminations (firing employees because of their race)
  • Promotions (passing over qualified employees of certain races)
  • Compensation (paying employees less based on race for the same work)
  • Job assignments (giving less desirable work to employees of certain races)
  • Training opportunities (excluding employees from advancement based on race)
  • Workplace harassment (creating a hostile environment through racial slurs, jokes, or symbols)
  • Segregation (steering employees of certain races into specific roles or locations)

Who Is Protected from Race Discrimination in Texas?

Texas law protects workers of all races, but the protection comes from federal Title VII standards, not broader state provisions.

Texas TCHRA protections:

  • All races and ethnicities
  • Companies with 15 or more employees
  • Mirrors federal Title VII standards exactly

Federal Title VII protections:

  • All races and ethnicities
  • Companies with 15 or more employees
  • Applies nationwide

Why This Matters: Texas TCHRA provides no additional protection beyond Title VII. Unlike California or New York (which cover smaller employers and have broader protections), Texas follows federal standards exactly. If your employer has fewer than 15 employees, neither TCHRA nor Title VII protects you from race discrimination.

Types of Race Discrimination

Race discrimination takes many forms in Texas workplaces:

Direct Discrimination (Disparate Treatment)

Your employer explicitly treats you differently because of your race:

  • Refusing to hire qualified Black candidates
  • Firing Latino employees while keeping White employees in similar roles
  • Denying promotions to Asian employees despite qualifications
  • Paying White employees more than Black employees for the same work
  • Assigning undesirable tasks based on race

Example: A Houston construction company refuses to promote qualified Black foremen to project manager roles, saying “our clients prefer to work with White supervisors.” This is direct race discrimination.

Disparate Impact

A seemingly neutral policy disproportionately harms employees of a certain race without business justification:

  • Height/weight requirements that screen out certain racial groups
  • “No beard” policies that disproportionately affect Black men with pseudofolliculitis barbae
  • English-only rules with no business necessity
  • Criminal background checks that disproportionately screen out Black and Latino applicants without job-related justification
  • Subjective hiring criteria (“culture fit”) that favor one racial group

Example: A Dallas company requires all employees to have “professional hairstyles” and fires a Black employee for wearing natural hair in locs. This policy has disparate impact on Black employees without business justification.

Harassment Based on Race

Racial harassment creates a hostile work environment through:

  • Repeated racial slurs or epithets
  • Offensive jokes about race, ethnicity, or national origin
  • Display of racist symbols (Confederate flags, nooses, swastikas)
  • Stereotyping comments about work ethic, intelligence, or abilities based on race
  • Exclusion from workplace activities based on race
  • Questioning someone’s citizenship or legal status based on appearance

Harassment becomes illegal when it’s so frequent or severe that it creates an abusive working environment or results in a negative employment decision.

Retaliation

Your employer punishes you for reporting race discrimination or participating in an investigation:

  • Firing you after you complain about racial harassment
  • Demoting you after filing an EEOC complaint
  • Reducing hours or pay after you object to racist treatment
  • Creating a hostile environment after you participate in a discrimination investigation

Common Examples of Race Discrimination in Texas

Example 1: The “Culture Fit” Rejection in Dallas

Marcus, a highly qualified Black software engineer, applied for a senior developer position at a Dallas tech company. During the interview, he noticed all 30 employees were White. The hiring manager said, “You have great skills, but we’re not sure you’d fit our culture.” A less-qualified White candidate was hired.

Analysis: “Culture fit” is often code for race discrimination. When a company lacks diversity and rejects qualified candidates of color for vague “fit” reasons, it suggests racial bias. Marcus has a strong discrimination claim.

Example 2: Racial Slurs in Houston Warehouse

Maria, a Latina warehouse worker in Houston, endured daily racist comments from her supervisor, including ethnic slurs, jokes about immigration status, and comments like “You people don’t work as hard.” When Maria complained to HR, nothing changed. She developed anxiety and eventually quit.

Analysis: Repeated racial slurs and ethnic stereotyping create a hostile work environment. The company’s failure to address the harassment after notice makes them liable. Maria has claims for racial harassment and constructive discharge.

Example 3: Unequal Pay in Austin Tech

David, a Black project manager at an Austin tech company, discovered he earned $85,000 while White colleagues in identical roles earned $105,000-$115,000. All had similar experience and education. When David asked for a raise, his manager said, “You’re paid fairly for your level.”

Analysis: Paying employees less based on race violates Title VII and TCHRA. Statistical evidence showing pay disparities between races for the same work supports a pattern-or-practice discrimination claim. David has a strong race discrimination claim.

Example 4: Steering into Lower-Level Positions in San Antonio

Lisa, a Black MBA graduate, applied for a management trainee position at a San Antonio financial services company. The recruiter said, “With your background, you’d be perfect for our customer service team instead.” White candidates with identical credentials were placed in management training. This happened repeatedly with Black applicants.

Analysis: “Steering” qualified candidates of color into lower-level positions while placing White candidates into management tracks is race discrimination. The pattern across multiple Black applicants strengthens the claim.

Example 5: Hair Discrimination in Fort Worth

Kenya worked at a Fort Worth retail store. Her manager told her she couldn’t wear her hair in natural locs, calling them “unprofessional” and “not the image we want.” White employees with long hair faced no similar restrictions. Kenya was fired when she refused to change her hairstyle.

Analysis: Discrimination based on natural Black hairstyles (locs, braids, afros) is race discrimination under Title VII. The disparate treatment of Black hairstyles versus White hairstyles shows racial bias. Kenya has a strong discrimination claim.

Example 6: Confederate Flag Harassment in Rural Texas

Carlos, a Latino mechanic at a rural Texas auto shop, endured a hostile work environment. Coworkers displayed Confederate flags, made racist jokes about “illegals,” and excluded him from workplace conversations. When Carlos complained, his boss said, “If you don’t like it, leave.”

Analysis: Display of racist symbols combined with ethnic slurs creates a textbook hostile work environment. The employer’s dismissive response shows deliberate indifference. Carlos has strong claims for racial harassment and possibly constructive discharge if forced to quit.

Example 7: Accent Discrimination in Houston

Priya, an Indian software engineer in Houston, had excellent technical skills. Her manager repeatedly criticized her “accent” and said clients “can’t understand you.” Priya was passed over for promotion in favor of a less-qualified White engineer. The manager said they needed someone who “sounds more professional.”

Analysis: Discrimination based on accent related to national origin is prohibited under Title VII unless accent genuinely interferes with job performance (which technical software work does not require). The pretext of “professionalism” masks national origin discrimination.

Example 8: Segregation in El Paso Restaurant

Rosa, a Latina server at an El Paso restaurant, noticed management assigned Latino servers to the back patio area while White servers worked the main dining room with higher tips. When Rosa asked to rotate sections, the manager said, “We like to match servers to customer demographics.”

Analysis: Segregating employees by race into different work areas or assignments violates Title VII, even if the employer claims it’s for “customer preference.” Customer bias does not justify discrimination.

Example 9: “Overqualified” Rejection in Austin

Jamal, a Black Ph.D. holder, applied for a research position at an Austin biotech company. Despite perfect qualifications, he was rejected as “overqualified.” The position was filled by a White candidate with a master’s degree and less experience. This pattern repeated at multiple companies.

Analysis: “Overqualified” rejections of Black candidates who are then replaced by less-qualified White candidates can evidence race discrimination, especially when the pattern repeats. Statistical evidence showing disparate treatment strengthens the claim.

Example 10: Retaliation After Complaint in Dallas

Michelle, a Black HR manager in Dallas, reported that her company’s hiring practices disproportionately excluded Black candidates. Two weeks after her internal complaint, she was placed on a Performance Improvement Plan (PIP) despite years of excellent reviews. She was fired three months later.

Analysis: Sudden performance issues immediately after reporting race discrimination suggest retaliation. The temporal proximity between complaint and adverse action (PIP, termination) is strong evidence of retaliation. Michelle has both discrimination and retaliation claims.

Intersectional Discrimination

Race discrimination often intersects with other forms of discrimination:

Race + Gender: Black women may face discrimination that neither Black men nor White women experience (stereotypes about being “angry” or “difficult”)

Race + Age: Older workers of color may face compounded discrimination

Race + Disability: People of color with disabilities may face multiple layers of bias

Race + National Origin: Latino, Asian, and Middle Eastern workers may face both racial and ethnic discrimination

Courts recognize that discrimination based on multiple protected characteristics can be more severe than discrimination based on one characteristic alone.

Texas vs. California/New York: No State Advantage

Unlike worker-friendly states, Texas provides no advantages beyond federal law:

Feature Texas (TCHRA) California (FEHA) New York (NYSHRL)
Employer Size 15+ employees 5+ employees 4+ employees
Filing Deadline 180 days 3 years 3 years
Damages Capped $50K-$300K Unlimited Unlimited
Individual Liability No Yes Yes
Hair Discrimination Only via federal interpretation Explicit CROWN Act protection Explicit CROWN Act protection

Bottom line: Texas workers rely entirely on federal Title VII protections. TCHRA adds nothing beyond federal standards.

How to Prove Race Discrimination

You can prove race discrimination through direct evidence or circumstantial evidence:

Direct Evidence

Explicit proof that race motivated the decision:

  • Racial slurs or comments by decision-makers
  • Written communications showing racial bias
  • Admission that race was a factor
  • Statistical evidence showing systematic exclusion of certain races

Circumstantial Evidence

Most race discrimination cases rely on circumstantial evidence:

McDonnell Douglas framework (establishing a prima facie case):

  1. You belong to a protected racial group
  2. You were qualified for the position or performing your job satisfactorily
  3. You suffered an adverse employment action (fired, not hired, not promoted)
  4. You were treated differently than similarly situated employees of a different race

Pattern-or-practice evidence:

  • Company’s workforce lacks racial diversity in certain positions
  • Multiple employees of your race experienced similar treatment
  • Statistical disparities in pay, promotions, or discipline

Comparative evidence:

  • White employees with similar or worse performance kept their jobs
  • White candidates with equal or lesser qualifications were hired
  • Employees of different races received different discipline for the same conduct

How to File a Race Discrimination Claim in Texas

1. Document Everything

Gather evidence:

  • Racial comments or slurs (write down who, what, when, where)
  • Emails, texts, or documents showing disparate treatment
  • Performance reviews showing good work
  • Comparison data (other employees’ treatment, pay, promotions)
  • Witness names who saw or heard racist conduct
  • Timeline of events

2. Calculate Your Deadline

Critical deadlines:

  • 180 days from the discriminatory act to file with Texas Workforce Commission (TWC)
  • 300 days to file with the Equal Employment Opportunity Commission (EEOC)

Recommendation: File with the EEOC for the longer deadline. The EEOC typically cross-files with TWC automatically.

3. File with the EEOC (Recommended)

How to file:

  • Online at EEOC.gov
  • By phone: 1-800-669-4000
  • In person at an EEOC office (Dallas, Houston, San Antonio)

What happens:

  • EEOC reviews your complaint
  • EEOC may investigate or issue a “right to sue” notice
  • You receive a right-to-sue letter allowing you to file a lawsuit
  • You have 90 days from receiving the right-to-sue notice to file in court

4. Consult an Employment Attorney

Race discrimination cases can be complex. An attorney can:

  • Evaluate the strength of your case
  • Identify direct and circumstantial evidence
  • Navigate the EEOC/TWC process
  • Negotiate settlement
  • Represent you in court

Most employment attorneys work on contingency (they only get paid if you win).

Damages Available in Race Discrimination Cases

If you prove race discrimination, you may recover:

Economic damages:

  • Back pay (lost wages from termination to trial)
  • Front pay (future lost earnings if reinstatement isn’t possible)
  • Lost benefits (health insurance, retirement contributions, bonuses)
  • Job search costs

Compensatory damages:

  • Emotional distress
  • Mental anguish
  • Damage to reputation
  • Medical expenses for treatment of stress-related conditions

Punitive damages:

  • Available when employer acted with malice or reckless indifference
  • Intended to punish and deter discriminatory conduct

Caps on damages:

  • Combined compensatory and punitive damages capped at $50K-$300K based on employer size
  • Back pay and front pay are NOT capped
  • Much lower than California or New York (unlimited damages)

Other relief:

  • Reinstatement to your job
  • Promotion or changed assignment
  • Policy changes at your workplace
  • Attorney’s fees and court costs

Frequently Asked Questions

Can I be fired for filing a race discrimination complaint?

No. Retaliation is illegal under both TCHRA and Title VII. If your employer fires, demotes, or punishes you for reporting race discrimination, you have a separate retaliation claim. Retaliation claims are often easier to prove because the timeline shows causation.

Does Texas have a CROWN Act protecting natural Black hairstyles?

No. Texas has not passed a state CROWN Act (like California and New York). However, federal courts increasingly recognize that discrimination against natural Black hairstyles (afros, locs, braids, twists) is race discrimination under Title VII. File with the EEOC for federal protection.

What if my employer says they discriminated because of “customer preference”?

Customer preference for employees of a certain race is not a defense to discrimination. Courts have consistently held that customer bias cannot justify race discrimination. Your employer must treat all employees equally regardless of customer preferences.

How long do I have to file a race discrimination complaint in Texas?

You have 180 days to file with TWC or 300 days to file with the EEOC. The EEOC deadline is longer and generally recommended. Missing the deadline permanently bars your claim. Don’t wait—file as soon as possible after experiencing discrimination.

Does Texas law give me any advantage over federal law for race discrimination?

No. Texas TCHRA mirrors federal Title VII exactly in protected classes, damage caps, and legal standards. The TWC deadline is actually shorter (180 days vs 300 days), making federal EEOC filing preferable. Texas workers rely entirely on federal civil rights protections.

Related Topics

Take Action: Fight Workplace Racism

If you’ve experienced race discrimination in your Texas workplace:

  1. Document everything – Keep records of racist comments, disparate treatment, and evidence
  2. File with the EEOC within 300 days – Don’t miss the deadline
  3. Request dual-filing with TWC – Preserve all claims
  4. Consult an attorney – Get expert advice on your case
  5. Know your rights – Race discrimination is illegal under federal law

You have rights under Title VII that apply in Texas. Race discrimination is illegal, and you don’t have to accept it.

Legal Disclaimer

This article provides general information about race discrimination law in Texas and is not legal advice. Employment law cases are fact-specific, and outcomes depend on individual circumstances. For advice about your specific situation, consult a qualified Texas employment attorney. Nothing in this article creates an attorney-client relationship.

Laws and regulations change. This information is current as of the last updated date shown above. Always verify current law before taking action.

Tags: Employment Law Aid, Texas, race discrimination, Title VII, TCHRA, Civil Rights