Employment discrimination claims in Texas are generally subject to both federal and state laws. The primary federal law that addresses employment discrimination is Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin. Additionally, other federal laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) prohibit discrimination based on disability and age, respectively. These laws are enforced by the Equal Employment Opportunity Commission (EEOC).
In Texas, the Texas Labor Code also provides protections against employment discrimination. The Texas Commission on Human Rights Act (TCHRA) is the state law equivalent of Title VII and covers many of the same protected categories, including race, color, religion, sex, national origin, disability, and age. It is enforced by the Texas Workforce Commission’s Civil Rights Division.
Employees who believe they have been subjected to employment discrimination in Texas typically need to follow a process that may involve the following steps:
- Filing a Complaint: Employees who believe they have experienced discrimination must usually file a complaint, called a Charge of Discrimination, with the appropriate agency. In Texas, this is with the Texas Workforce Commission’s Civil Rights Division or the EEOC.
- Investigation: After filing a complaint, the agency will investigate the claim to determine if there is evidence of discrimination. This may involve gathering information from both the employer and the employee.
- Resolution: The agency may offer mediation to the parties, which allows the parties to attempt to resolve the matter at a very early stage in the process. Depending on the investigation’s findings, the agency may also attempt to mediate a resolution between the parties. If mediation is unsuccessful, the agency may proceed with formal legal action.
- Legal Action: If a resolution cannot be reached, the agency or the employee (after receiving a “right-to-sue” letter) can choose to pursue legal action in court. This involves filing a lawsuit against the employer for alleged discrimination.
- Legal Remedies: If the court finds in favor of the employee, remedies might include back pay, reinstatement, compensation for emotional distress, and attorney’s fees. The specific remedies depend on the nature of the discrimination and the applicable laws.
It’s important to note that there are specific deadlines for filing discrimination complaints, and these can vary depending on whether you are filing under state or federal law. If you’re considering pursuing an employment discrimination claim in Texas, it’s highly recommended to consult with an experienced employment law attorney to understand your rights and navigate the legal process effectively.
