Texas Employment Discrimination: Title VII, TCHRA and Deadlines
Texas employment discrimination claims run on two sets of laws at once: federal Title VII and the Texas Commission on Human Rights Act, or TCHRA. The rules are detailed and the deadlines are short, and that is true for employees, employers and HR professionals alike.
This post explains how the two laws work together, the kinds of claims they cover, the charge process, and the remedies. It is written for both sides of the workplace, because workers and employers benefit from knowing the same rules. It is legal information, not legal advice.
Which Protected Classes Do Title VII and the TCHRA Cover?
Both laws protect workers based on protected classes. The guide covers the protected classes under each law and how the two line up. Seeing the two side by side makes the overlap easier to understand.
It also explains how sex discrimination expanded to include pregnancy, sexual orientation and gender identity. That expansion matters to employees raising a concern and to employers reviewing their policies.
Starting with the protected classes gives you a clear foundation. Every other part of a discrimination claim builds on the question of which protected class is involved. It is also the question most people ask first.
Types of Texas Employment Discrimination Claims
Discrimination claims come in different forms. Disparate treatment is analyzed under the McDonnell Douglas framework, and disparate impact under Griggs.
Harassment claims turn on the hostile work environment standard, and employers may raise the Faragher-Ellerth defense. The guide explains each of these concepts in plain language, including the following.
These frameworks can sound technical, but the ideas behind them are practical. The guide translates each one into plain terms so employees, managers and HR teams can follow the same conversation.
Disparate treatment under the McDonnell Douglas framework
Disparate impact under Griggs
Harassment and the hostile work environment standard
The Faragher-Ellerth employer defense
Workplace Retaliation and Accommodation Claims
Retaliation is the most common charge filed with the EEOC. The guide explains how retaliation claims work, which matters to employees who raised a concern and to employers responding to one.
The guide also covers reasonable accommodation and religious accommodation after Groff v. DeJoy. Religious accommodation at work is an area where both employees and employers often have questions.
Because these claims can arise alongside other complaints, it helps to understand them early. Knowing how they work makes it easier to spot the issues that may be involved in a workplace dispute.
EEOC vs. TWC: How the Charge Process Works
A charge can be filed with the EEOC or with the Texas Workforce Commission Civil Rights Division. Dual-filing connects the two, and the guide walks through each process.
For employers, the process includes the position statement, a written response to the charge. The guide explains the position statement so employers and HR teams can understand what it involves.
Knowing which agency is involved, and how dual-filing works, helps both sides follow the case from the first filing forward. It also makes the paperwork easier to understand as the case moves along.
The 180-Day Charge Deadline and Lawsuit Clocks
The deadlines control everything in a discrimination case. The guide explains the 180-day charge deadline and the 90-day and 60-day lawsuit clocks that follow.
Missing a deadline can close off a claim, so understanding which clock applies is one of the first things to sort out. For employees, the first clock may start running before they realize it.
Employers have their own timing concerns once a charge arrives. Understanding the full sequence helps HR teams plan a response instead of reacting at the last minute. These are the key dates the guide covers.
The 180-day charge deadline
The 90-day lawsuit clock
The 60-day lawsuit clock
The position statement stage for employers
Remedies and Damage Caps for Employment Discrimination
The guide closes with remedies. Damage caps range from $50,000 to $300,000 depending on employer size, plus back pay and fees.
Understanding the remedies helps both sides think realistically about a claim. Employees get a clearer picture of what may be at stake, and employers get a clearer picture of their exposure.
This post is educational and cannot evaluate your situation. Employees, employers and HR teams should talk with a licensed Texas attorney about a specific claim or complaint. The guide gives both sides the rules, the key cases and every deadline in one place.
Frequently asked questions
How long do I have to file a discrimination charge in Texas?
The guide explains the 180-day charge deadline, along with the 90-day and 60-day lawsuit clocks that follow. These deadlines are short, and missing one can affect whether a claim moves forward. Because the timing depends on your facts, talk with a licensed Texas attorney as soon as possible if you are considering a charge.
Do I file with the EEOC or the Texas Workforce Commission?
Charges can go to the EEOC or to the Texas Workforce Commission Civil Rights Division, and dual-filing connects the two processes. The guide explains how each charge process works and how dual-filing fits in. A licensed Texas attorney can explain which approach makes sense for a particular situation and its deadlines.
How does an employer respond to a discrimination charge in Texas?
In the charge process, employers submit a position statement responding to the charge. The guide explains the position statement along with the EEOC and TWC processes, the Faragher-Ellerth defense and the damage caps. Employers facing a charge should work with a licensed Texas attorney, and the guide helps them understand the rules and deadlines first.
Get the full guide
Get The Texas Employment Discrimination Guide from STACKED LEGAL for the rules, the key cases and every deadline in one place. It is available in paperback and eBook. Read The Texas Employment Discrimination Guide.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
