With so many states expanding their employment discrimination laws in the workplace, it never fails to surprise me when I see a state as large as Texas with minimal coverage for discrimination in the workplace. Texas’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age, ancestry, color, disability, national origin, race, religion, or sex.

Claims in Texas can be filed with one of two agencies: the state agency, the Texas Workforce Commission — Civil Rights Division (TWC-CRD), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The TWC-CRD can be contacted at (888) 452-4778 and the EEOC can be contacted at one of the following offices:

  • Dallas
    Phone: (214) 655-3355
    TTY: (214) 655-3363
  • El Paso
    Phone: (915) 534-6700
    TTY: (915) 534-6710
  • Houston
    Phone: (713) 209-3320
    TTY: (713) 209-3367
  • San Antonio
    Phone: (210) 281-7600
    TTY: (210) 281-7610

Claims through the TWC-CRD must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the TWC-CRD and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. In both state and federal cases, you must first file with the appropriate agency and receive a release from that agency. The EEOC will release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in Texas’s state court system have a 60 day time limit from the date that the TWC-CRD dismisses your case or a two year time limit from the date your charge was filed, whichever is earlier.

I have to wonder when Texas, with its tremendous size and population, will be forced to broaden their laws and provide better protection to the workers. As of now, state-provided protection does not offer any more than the federal employment discrimination laws in the workplace. However, Texas does provide a state-supported agency to help investigate and resolve discrimination claims; this can be helpful to discrimination victims.

Last 10 posts by Karen

  1. Posted by: Tracy Wagers

    Which states consider employment discrinination for having a criminal record?
    Thanks
    Tracy

  2. Posted by: Amelia

    Hi Tracy! This type of legislation is becomming more common. Both Wisconsin and New York have laws that prohibit employers from discriminating against someone who has been convicted of a crime, and serves his or her sentence. HTH, and thanks for reading the blogs!~ Amelia

RELATED LINKS

Subscribe to RSS

Subscribe to this blog via email
Delivered by FeedBurner
add