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You Cannot Be Demoted Or Fired Because Of Your Race

Race Discrimination

One of the exceptions to the employment at will doctrine is that an employer cannot discriminate against an employee based on their race.  What that means is that the employer makes a decision in the work place that relates to a tangible employment action, which means hiring, firing, or demotion as a result of race.  A typical example is when someone is trying to get a promotion in the job, and they say you cannot be promoted because of your race.  What race discrimination is not, is what sometimes happens in the work place.  Let’s say an employee misses ten days of work in a row and they get fired because they missed work.  They come to me and say, “no. It was because of my race”, but there is no evidence to show it was because of their race.  That under Texas law is not actionable race discrimination.  We need some evidence that the action was taken against you because of your race.  If you have evidence that you were discriminated because of your race, and want to know if you have a case, then call us and we can explain your rights to you.