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Latino Employee Alleges Racial Discrimination on the Job

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Texans don't always need a Houston employment lawyer to file a claim against their employer. Argemiro Garcia, a Latino employee of Sam Houston Electric Cooperative has a lawsuit against his employer pro se. Pro se is when an individual represents himself. His suit that was filed in the Lufkin Division of the Eastern District of Texas alleges that he was denied a promotion at the company because of his race, according to the Southeast Texas Record.

Mr. Garcia claims that he applied for an open inspector position with Sam Houston Electric Cooperative in June 2008, but was not chosen. The suit states that the company hired a less qualified Caucasian male for the position.

FindLaw states that under Title VII of the Civil Rights Act, intentional discrimination based on race or color is prohibited, and denying somebody a promotion based on race is considered a form of racial discrimination. Title VII also prohibits employment decisions based on stereotypes and assumptions about traits and abilities that are associated with certain racial groups. With Mr. Garcia's case, the plaintiff claims that he suffered adverse employment action because of his race/national origin. If this is the case, then it is in violation of U.S. law. Typically the U.S Equal Employment Opportunity Commission (EEOC) gets involved with discrimination cases and often investigates charges of race discrimination or race-related retaliation.

From this racial discrimination case, The Southeast Texas Record reports that Mr. Garcia is seeking damages for actual and emotional damages, interest, punitive damages, and court costs. U.S. District Judge Marcia A. Crone has been assigned to the litigation. While this individual decided to go the pro se route, a judge must ultimately allow the plaintiff to represent himself. The pro se plaintiff must also be aware of disadvantages of going forward pro se. If you have any employment discrimination questions, it may be more advantageous to consult a Houston employment lawyer.

Related Resources:

  • Filing a Discrimination Charge with the EEOC (FindLaw)
  • Racial and Ethnic Discrimination (LawBrain)
  • Contact a Texas Employment Lawyer (FindLaw)

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