How to File a Lawsuit Against Your Employer for Unfair Treatment in Texas

Texas law prohibits discrimination, or unfair treatment, in the workplace on the basis of the race, color, religion, gender, pregnancy status, gender identity, sexual orientation, national origin, age of those 40 or older, disability, or genetic characteristics. Specifically, Chapter 21 of the Texas Labor Code bans discrimination in employment that happens on the basis of the certain traits of an employee, e.g. their age if they are 40 or older.

Discrimination against both employees and job applicants is prohibited. Retaliating against an employee or applicant because they participate in a discrimination complaint or file a complaint is prohibited as well.

An employee or job applicant who believes that they have been the victim of discrimination may submit a complaint with the Texas Workforce Commission (TWC). An individual who believes that they have been the victim of discrimination wants to consult with an attorney to get more information about Texas employment laws regarding discrimination.

Several federal laws also prohibit a variety of types of discrimination. These federal laws apply in Texas just as Texas laws do. The main federal laws that prohibit unfair treatment in employment in Texas are as follows:

• Title VII of the Civil Rights Act of 1964 (Title VII): Title VII bans discrimination in employment based on race, color, religion, gender, or national origin.
• The Equal Pay Act of 1963 (EPA): The EPA protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
• The Age Discrimination in Employment Act of 1967 (ADEA): The ADEA offers protection to individuals who are 40 years old or older.
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA): The ADA bans employment discrimination against qualified individuals with disabilities who work in private companies and for state and local governments and their agencies as well.
• The Rehabilitation Act of 1973 (RA): The RA bans discrimination against qualified individuals with disabilities who work for the federal government.
• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA): The GINA bans discrimination in employment based on genetic information related to a job applicant, employee, or former employee.
• The Civil Rights Act of 1991: This is the law that provides that money damages must be paid to an individual who is a victim of intentional employment discrimination. It also gives a victim a right to trial by jury for their claims of discrimination, allows the awarding of damages for emotional distress and limits the amount of money that a jury may award a victim.

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that is tasked with enforcing these laws.

How Do I File a Complaint Regarding Employment Discrimination?

An individual who believes they have been the victim of discrimination can submit a complaint to the Civil Rights Division of the Texas Workforce Commission (TWC). A complaint may be submitted in person at the DRC’s office in Austin, Texas. Or, they may submit their complaint online via the Employment Discrimination Complaint Form. A complaint can also be submitted by email or the U.S. Postal Service.

It is important to keep in mind that an individual must meet the following requirements to file a complaint with the TWC:

• The location at which an individual worked must be in Texas.
• The employer that employed the individual must have 15 or more employees.
• The discrimination must have taken place within the 180 days before the date on which the individual submits their complaint.
• The complaint must allege 1 or more of the following kinds of discrimination: race, color, national origin, religion, gender, pregnancy, gender identity, sexual orientation, age for those 40 or older, disability, genetic characteristics, or retaliation for participating in a complaint or filing a complaint.
• It is important that the complaint identifies the harm in their employment that they suffered, e.g., a demotion, denial of a promotion, or firing that was based on one of the prohibited bases, e.g., the employee’s age, disability, or sexual orientation.

An individual wants to be prepared to provide the following information in their complaint:

• Their full name, address, and telephone number
• Their employer’s name, the physical address at which they worked, and the work telephone number
• The human resources supervisor or director’s full name, address, and telephone number
• Whether the company has 15 or more employees
• Whether the discrimination an employee experienced was based on their race, color, religion, gender, pregnancy status, gender identity, sexual orientation, national origin, age if 40 or older, disability, genetic characterization, or because of retaliation.
• A description of the harm the individual suffered, e.g. demotion, refusal to hire, firing, a denial of benefits offered to others or something else.

A local attorney in Texas would be able to assist an individual with putting together a complaint that meets all of the requirements.

When an individual files a complaint alleging discrimination in employment with TWC, the TWC automatically forwards the complaint to the EEOC also. This process is known as “dual filing.” It helps protect the individual who files the complaint and saves them from having to prepare and file 2 complaints. In fact, a person does not want to file both with the TWC and the EEOC as this is not allowed.

How Do I Prove Employment Discrimination?

An employee who wants to sue an employer for discrimination should carefully and thoroughly document every instance of discrimination that they have experienced. They want to note the day and time of each incident.

No incident is too trivial to note, as even an incident that may seem trivial alone could be used to show a pervasive pattern of harassment. An employee wants to note the names and contact information for any witnesses or anyone who may have participated in the discrimination.

An employee wants to keep any and all proof of the events involved in the discrimination. For example, they want to keep inappropriate videos, photographs, emails, text messages, voicemails, memos, and handwritten notes that have been part of the discriminatory events.

What Happens After a Lawsuit Has Been Filed?

Once a complaint has been submitted, the TWC asks the employee and employer to participate in a mediation. Mediation is a voluntary process in which the parties to a dispute are able to discuss it in the presence of a neutral mediator who helps them try to find a resolution.

If either party refuses mediation, the TWC begins its investigation. The TWC works to gather information it can use to determine whether the employer engaged in discrimination as that is defined by the Texas Labor Code. As noted above, the TWC works in cooperation with the federal EEOC to resolve the complaint.

The investigator conducts interviews with the parties involved and witnesses. It reviews relevant documents and the employer’s policies and procedures. Of course, the investigator would refer to relevant state and federal law. The investigator then reviews all of the evidence and the law to come to a conclusion about whether there is enough evidence to show discrimination.

If the TWC and/or the EEOC are not able to resolve the complaint, they give the employee who filed the claim a right-to-sue letter which allows them to file a lawsuit in a civil court.

Do I Need an Attorney for Help Filing a Discrimination Claim?

If you believe that you have been the victim of discrimination at work, you want to talk to a Texas discrimination lawyer. LegalMatch.com can quickly connect you to a lawyer who can talk to you about the facts of your situation and help you determine whether you have experienced workplace discrimination. If your lawyer agrees that you have been the victim of discrimination, they can help you begin to get redress by filing a claim.