Race Bias Lawsuit Settlement

In an April 9, 2009 Press Release, the Equal Employment Opportunity Commission (”EEOC”) announced that a Pennsylvania based manufacturer will pay $40,000 and furnish other relief to settle a race discrimination lawsuit filed by EEOC attorneys in which the federal agency alleged that the company refused to promote a black employee at its Virginia plant because of his race.  See, http://www.eeoc.gov/press/4-9-09a.html .  According to the EEOC Press Release, the race discrimination lawsuit alleged, more specifically, that the company failed to promote a lead operator to the position of plant manager because he is African American even though he was fully qualified for the plant manager position.  In addition, the Press Release states that the company did not post the vacant position and instead promoted a white employee who the EEOC argues was less qualified and who had been with the company less than three (3) years.  As reported in the EEOC Press Release, the African American employee had been with the company since 1991. 

Race discrimination violates Title VII of the Civil Rights Act of 1964.  In addition, under Texas Labor Code Chapter 21, Section 21.051, an employer commits unlawful employment practices if because of, for example, race or color the employer: (1) 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, (2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive an individual of any employment opportunity or adversely affect in any other manner the status of the employee.

Whether employment related race discrimination occurs in Dallas, Houston or elsewhere, victims of workplace racial discrimination may contact the EEOC, and, in Texas, the Texas Workforce Commission, or an attorney to determine if a race discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential case.