Latino Immigrant Discrimination

According to a report released by the Southern Poverty Law Center, low-income Latino immigrants in the South are routinely the targets of wage theft, racial profiling and other abuses driven by an anti-immigrant climate that harms all Latinos regardless of their immigration status.  The Southern Poverty Law Center report is entitled “Under Siege: Life For Low-Income Latinos In The South” and, according to a SPLC Press Release, it documents the experiences of Latino immigrants who face increasing hostility as they fill low-wage jobs in Southern states that had few Latino residents until recent years.  As stated in the Press Release, the report is based on a survey of 500 low-income Latinos - including legal residents, undocumented immigrants and U.S. citizens - at five locations in the South, including Nashville, Charlotte, New Orleans, rural southern Georgia, and several towns and cities in northern Alabama.  According to the Press Release, a number of immigrants in the survey described the South as a war zone, and the report’s author was quoted as saying that workplace abuses and racial profiling are rampant in the South.  Discrimination against Latinos in the region constitutes a civil rights crisis that must be addressed, the SPLC report says, and the report concludes that comprehensive immigration reform is the only realistic, fair and humane solution.  For further information see http://www.splcenter.org/news/item.jsp?aid=375 or contact the Southern Poverty Law Center at 400 Washington Ave., Montgomery, Alabama 36104.

As outlined by the Texas Workforce Commission at http://www.twc.state.tx.us/crd/facts.html , Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964 protect individuals against employment discrimination on the basis of national origin as well as race and color.  According to the Texas Workforce Commission (”TWC”), it is unlawful to discriminate against any employee or applicant because of the individual’s national origin, and no one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.  Further, the TWC reports that equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples, or mosques generally associated with a national origin group; or a surname associated with a national origin group.  Moreover, a rule requiring employees to speak only English at all times on the job may violate Title VII, unless the employer shows it is necessary for conducting business. In addition, the TWC states that the Immigration Reform and Control Act of 1986 (”IRCA”) prohibits discrimination based on national origin or citizenship.

Whether Latino discrimination in the workplace occurs in Beaumont, Houston or elsewhere, victims of employment discrimination may contact the TWC and a lawyer to determine if an employment discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.