Racial Discrimination

Racial Discrimination Lawyer in Tyler, TX

Board-Certified, Employee-Only Representation for Race Discrimination in East Texas

Racial discrimination in the workplace is illegal under both federal and Texas law, and employees who face it deserve an attorney whose practice is built entirely around their side of the dispute. At Hommel Law Firm, I represent only employees in Tyler and throughout East Texas, never employers. Since 1986, my firm has handled employment law claims for workers whose rights have been violated, and racial discrimination cases are a core part of that work. I’m board certified in Labor and Employment Law by the Texas Board of Legal Specialization, and I bring that focused background to every claim I take on.

Race is a protected class under federal and Texas law. When an employer makes decisions about hiring, firing, pay, promotions, or job assignments based on an employee’s race, color, or racial characteristics, that conduct is prohibited. Texas’s at-will employment doctrine gives employers broad discretion, but it doesn’t create a license to discriminate.

If you believe your employer has treated you differently because of your race, call (903) 412-3788 to schedule a free 30-minute case evaluation. There’s no fee unless I recover damages for you.

Laws That Protect Tyler Employees from Racial Discrimination

Three primary legal frameworks cover racial discrimination claims for Texas employees. Understanding which applies to your situation affects how and where your claim is filed.

Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and prohibits race, color, and national origin discrimination in any term or condition of employment. Claims under Title VII flow through the EEOC before a federal lawsuit can be filed.

Texas Labor Code Chapter 21, also known as the Texas Commission on Human Rights Act, mirrors Title VII protections and applies the same 15-employee threshold. It allows claims to be filed with the Texas Workforce Commission Civil Rights Division and pursued in Texas state court.

42 USC Section 1981 provides an independent federal cause of action for race discrimination with no minimum employer size requirement. It covers the making and enforcement of contracts, including employment contracts, which can make it a meaningful option when Title VII’s coverage thresholds don’t apply.

Filing a Racial Discrimination Claim: Deadlines & Next Steps

Before filing a lawsuit, most racial discrimination claims must go through an administrative agency. Employees in Tyler can file with either the Texas Workforce Commission Civil Rights Division or the EEOC, and the choice of agency affects the deadline that applies.

TWC Civil Rights Division: Claims must generally be filed within 180 days of the discriminatory act.
EEOC: Claims must generally be filed within 300 days of the discriminatory act.

After filing, a claimant generally must allow 180 days for agency investigation before pursuing a claim in court, though in some circumstances a right-to-sue letter may be issued earlier. Missing the applicable deadline can mean losing the right to bring a claim entirely. Deadlines can vary depending on the circumstances, so contacting an attorney as early as possible matters. I can help you identify which deadline applies and how much time you have. My firm guides clients through both the EEOC and TWC proceedings and represents them in state and federal court when agency resolution doesn’t produce a fair outcome.

Why Tyler Employees Work with Hommel Law Firm

I’ve taken over 100 cases to jury verdict, and that trial record reflects actual courtroom experience in East Texas. Employers and their legal teams know whether the attorney across the table has tried cases. That distinction shapes how cases are handled long before any trial date.

Hommel Law Firm is one of only two firms in Texas board certified in three specialty areas: Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law, all through the Texas Board of Legal Specialization. My firm has handled over 1,000 employment law cases and recovered over $4 million for clients in the past five years. I represent only employees, so there’s no conflict and no divided focus.

For most cases, I work on a contingent fee basis: you pay no attorney’s fee unless I recover damages for you. I offer a free 30-minute evaluation for non-hourly claims so you can discuss your situation without financial pressure before making any decision.

Get a Free Case Evaluation in Tyler or Smith County

If you’ve experienced racial discrimination at work and aren’t sure where to start, I can review your situation and explain your options. My firm serves employees throughout Tyler and Smith County, Texas.

Call (903) 412-3788 or submit your information online to schedule your free 30-minute evaluation.

Forms of Racial Discrimination in the Workplace

Racial discrimination doesn’t always look the same. It can surface in a single adverse employment decision or through a sustained pattern of conduct. Recognizing what it looks like across different workplace situations is an important step in evaluating a potential claim.

Disparate Treatment

Disparate treatment occurs when an employer treats an employee less favorably than employees of other races in comparable situations. This can include being passed over for a promotion given to a less-qualified employee of a different race, receiving lower pay for equivalent work, or facing termination under circumstances where employees of other races were retained. The comparison to similarly situated employees is often central to this type of claim.

Racially Hostile Work Environment

A hostile work environment based on race exists when conduct tied to race is severe or pervasive enough to create an abusive or intimidating workplace. Racial slurs, offensive jokes, racially charged symbols, or a pattern of derogatory comments can all contribute. The conduct must rise above occasional rudeness, but courts look at the totality of the circumstances rather than any single incident in isolation.

Discriminatory Hiring & Firing

Refusing to interview or extend an offer based on race, or terminating an employee for pretextual reasons when race is the real driver, are prohibited under Title VII and the Texas Labor Code. These claims often involve a close look at how the employer treated candidates or employees of different races facing similar qualifications or performance records.

Pay, Promotions & Job Assignments

Race-based disparities in compensation, advancement opportunities, and job assignments are each independently actionable. Employers who assign less desirable shifts, territories, or duties based on race, or who block advancement for employees of particular races, may be liable under federal and state law. Discrimination protections also extend to employees who face adverse treatment based on their association with a person of another race or their membership in a racial or ethnic organization.

Disparate Impact

Not all racial discrimination involves intentional targeting. Disparate impact claims arise when a facially neutral employment policy disproportionately affects employees of a particular race without business justification. An employer may be liable for the effect of a policy even when discriminatory intent isn’t alleged.

Retaliation Protection for Employees Who Report Race Discrimination

Anti-retaliation protection is a separate and independent safeguard. An employer can’t lawfully take adverse action against an employee who complains about, opposes, or reports racial discrimination, even if that employee wasn’t the direct target of the conduct. This protection applies whether the complaint was made internally or through a formal charge filed with the EEOC or TWC Civil Rights Division. Employees who participate in an investigation or testify in a related proceeding are protected as well.

Retaliation can include termination, demotion, a pay reduction, a schedule change, or other adverse employment actions taken because an employee exercised their rights. It can also include subtler conduct like increased scrutiny, isolation, or reassignment to less desirable duties. A retaliation claim can be brought alongside a racial discrimination claim or independently if the employer’s response to a protected complaint was itself unlawful. If you reported discrimination and your employer’s treatment of you changed afterward, that sequence is worth discussing with an attorney.

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Tailored Justice, Proven Results: Our Track Record of Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

Federal court delivered a verdict for violations Federal court delivered a verdict for violations of the Americans with Disabilities Act.
$175K Gross, $114K Net Recovery Motor Vehicle Accident with 18 Wheeler
$780K Gross, $115K Net Recovery Oil Field Workers Wage & Hour Collective Action
$98K Gross, $65K Net Recovery Oilfield Services Overtime - 2 employees
The result was a settlement of $98,000 net to clients $65,000.
$325K Gross, $189K Net Recovery Police Shooting Death
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Over 100 Cases Taken to Jury Trial
The Hommel Law Firm's results speaks for themselves. If you have a case, Mr. Hommel will take it to trial.
Exclusively Representing Employees
Because the Hommel Law Firm believes in seeking justice for those who have been treated unfairly in the workplace, Mr. Hommel only fights for employees, not the employers.
Over 30 Years of Experience
With over 30 years of experience, Bill Hommel is prepared to listen to you and will not hesitate to take your case to trial to get the results you deserve.
Board Certified Attorney
Attorney Bill Hommel is Board Certified in Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law by the Texas Board of Legal Specialization. Only about 3% of attorneys in the area are Board Certified Trial Attorneys.