It is illegal under both Federal and State Law to discriminate in the "terms or conditions of employment" on the Basis of a person's national origin, race or color. "Terms or conditions of employment" means just about anything relating to someone's job: their position, pay, title, hours, vacations, most everything is a term or condition of employment. Whether or not a person is hired is also considered a term or condition of employment. Race is generally defined as a person's ancestry or ethnic characteristics. This means that it is illegal to discriminate against anyone, if the basis is his or her race, national origin or color. Employment race discrimination in the workplace based on association with people of a particular race or national origin is also prohibited. 


Racial harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964. To be considered discrimination, the harassment must be based on some protected trait. Under federal law, those traits include race, color, national origin, gender, pregnancy, age, religion, disability and genetic information.

Racial harassment is unwelcome behavior that happens to you because of your race, color, or national origin, such as verbal or physical conduct of a racial nature.

Racial harassment in the workplace is unlawful when 1) enduring the offensive conduct becomes a condition of continued employment,  or 2) when the conduct is severe or pervasive enough to create a work environment that a person would consider intimidating, hostile or abusive. This is also called hostile environment harassment.

Whether harassment is severe or pervasive is determined on a case-by-case basis. However, consideration is given to the following factors:

  • The frequency of the unwelcome harassment;

  • The severity of the harassment;

  • Whether the harassment was physically threatening or humiliating, or a mere offensive utterance;

  • The effect on the victim’s psychological well-being; and

  • Whether the harasser was a superior within the organization

Years of Experience

Mr. McKinney has been has been practicing employment law since 1996, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and represents employees who have been the victims of race or national origin discrimination.  If you believe you have been terminated or otherwise discriminated against for exercising your legal rights, please contact us to make an appointment to speak with us about your case.