The Equal Employment Opportunity Commission (“EEOC”) is a federal agency that is responsible for enforcing laws that prohibit workplace discrimination. The EEOC was established under the Civil Rights Act of 1964.
It ensures that employees and job applicants are protected from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information.
The EEOC plays a critical role in safeguarding workplace rights across the United States, including Texas. The EEOC is the federal agency that investigates complaints of workplace discrimination, harassment, and retaliation. It has the authority to assess allegations, mediate disputes, and, in some cases, file lawsuits on behalf of employees.
In Texas, the EEOC works in tandem with the Texas Workforce Commission Civil Rights Division. These two agencies have a “work-sharing agreement,” which allows individuals to file discrimination complaints with either agency. This ensures that employment discrimination claims are processed efficiently under both federal and state laws.
The EEOC enforces several federal laws that apply to Texas workplaces, including:
- Title VII of the Civil Rights Act of 1964: This Act prohibits discrimination based on race, color, religion, sex, or national origin
- Pregnancy Discrimination Act (PDA): An amendment to Title VII, this Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions
- Employers must treat pregnancy related conditions the same as any other temporary disability in terms of employment and benefits
- Americans with Disabilities Act (“ADA”): This Act protects individuals with disabilities from discrimination in employment
- Age Discrimination in Employment Act (“ADEA”): This Act protects workers aged 40 and older from age discrimination
- Genetic Information Nondiscrimination Act (“GINA”): This Act prohibits discrimination based on genetic information
In addition to all of the above federal protections, Texas employees are also covered by the Texas Labor Code, which mirrors many of the protections provided by federal law.
Filing a Discrimination Complaint in Texas
Texas employees who believe they have faced workplace discrimination can submit a formal complaint, referred to as a “charge of discrimination,” to either the Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division. The timeframe for filing a complaint in Texas is as follows:
- 300 days from the date of the alleged discriminatory act for claims under federal law
- 180 days for claims under Texas state law
After filing a complaint, the EEOC will evaluate the complaint, which may include an investigation into the allegations and attempts at mediation to resolve the issues. If the EEOC concludes that discrimination has taken place but is unable to reach a resolution, it may issue a “Right to Sue” notice to the complainant. This then grants the employee the ability to file a lawsuit in federal court.
Understanding the EEOC Right to Sue Letter
As mentioned above, the EEOC Right to Sue Letter is a critical document that is issued by the Equal Employment Opportunity Commission, which grants an individual the legal authority to file a discrimination lawsuit against their employer in federal court.
This letter is typically issued after the EEOC has completed its investigation into a discrimination claim or if the agency decides not to pursue the case further. In some cases, the complainant may request the letter before the EEOC completes their investigation, provided at least 180 days have passed since the charge was filed.
Without having this letter, employees cannot file a lawsuit under federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. However, state-level claims under the Texas Labor Code may not require this letter.
It is important to note that once the Right to Sue letter is issued, the complainant has 90 days to file their lawsuit in federal court. Missing this deadline may result in the loss of their right to pursue legal action.
How To Request a Right to Sue Letter in Texas
In order to request a Right to Sue Letter in Texas, the following is a guideline on requesting the letter:
- File a Charge of Discrimination: First, before requesting a Right to Sue letter, you must file a charge of discrimination with the Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division, which must be filed within:
- 300 days of the alleged discriminatory act for federal claims
- 180 days for state-level claims under Texas law
- Wait for 180 Days: Next, the EEOC requires that at least 180 days pass from the date you filed your charge before you can request a Right to Sue letter
- During that time, the EEOC may investigate your claim or attempt mediation to resolve your claim
- Submit Your Request: As mentioned above, if you wish to proceed with a lawsuit before the EEOC completes its investigation, you can request a Right to Sue Letter by logging in to the EEOC’s Public Portal and submitting your request online
- Alternatively, you can send a written request to the EEOC office handling your charge, being sure to include your EEOC charge number and the names of the parties involved
- Receive the Letter: Once your request has been processed, the EEOC will issue the Right to Sue letter, which will grant you permission to file a lawsuit in federal court
- File Your Lawsuit: Finally, after receiving the Right to Sue letter, you have 90 days to file your lawsuit in federal court
- Once again, missing this deadline may result in losing your right to pursue legal action.
As can be seen, requesting a Right to Sue letter is a crucial step in pursuing a discrimination lawsuit in Texas. You should ensure you meet all deadlines and provide accurate information when filing your charge and request. Should you have any questions about the process, it is recommended to set up a legal consultation in Texas with a Texas lawyer experienced in the process.
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Special Considerations for Age and Equal Pay Claims
As mentioned above, age and equal pay claims in Texas are governed by both federal and state laws. Both laws offer protections to employees who face discrimination or wage disparities. Age discrimination occurs when an employer treats an employee or job applicant unfairly due to their age. In Texas, protections against age discrimination are provided under:
- Age Discrimination in Employment Act: This is the federal law that protects workers aged 40 and older from age based discrimination in workplaces with 20 or more employees
- Texas Labor Code Chapter 21: This is the state law that mirrors the ADEA but applies to employers with at least 15 employees
Importantly, employees can file age discrimination complaints with either the Texas Workforce Commission Civil Rights Division or the EEOC.
Equal pay claims address wage disparities between employees performing substantially similar work, and there are protections include:
- Equal Pay Act: This is the federal law that requires employers to provide equal pay to men and women for equal work, ensuring that wage differences are based on factors like experience or performance rather than gender
- Texas Labor Code: State laws also prohibit wage discrimination based on gender, which align with federal standards
Any employees who suspect wage discrimination can file complaints with the EEOC or pursue private legal action. Employers must be able to justify pay differences with legitimate factors such as seniority, merit, or production quality.
Legal Process After Receiving the Letter
After receiving a Right to Sue letter in Texas, the legal process typically proceeds as follows:
- File Your Lawsuit: You have 90 days from the date the Right to Sue Letter was issued to file your lawsuit in federal court
- Gather Evidence: It is important to compile all relevant evidence to support your claim, such as performance reviews, emails, witness statements, and other documentation, as strong evidence is crucial for building a compelling case
- Pre-Trial Proceedings: Once the lawsuit is filed, both parties will engage in pre-trial activities, including discovery, where evidence is exchanged, and depositions, where witnesses provide sworn testimony
- Mediation or settlement discussions may also occur during this phase in an attempt to resolve the issues
- Trial: If the case does not settle, it will proceed to trial, at which both sides present their arguments, evidence, and witnesses
- The court will then issue a judgment based on the facts and legal arguments presented
- Remedies: If the court rules in your favor, remedies may include monetary compensation, punitive damages, or injunctive relief, such as changes to workplace policies
Do You Need a Texas Employment Discrimination Lawyer?
If you are dealing with an employment discrimination issue in Texas, it is recommended to seek the guidance of an experienced Texas discrimination lawyer. LegalMatch can assist you in setting up a consultation with a skilled employment lawyer near you.
Discrimination lawyers can provide valuable assistance in navigating both state and federal employment laws, including the Texas Labor Code, the Civil Rights Act, and the Americans with Disabilities Act.
An attorney who handles employment discrimination cases can offer tailored advice on the best legal actions to take and clarify the complexities of your case. They can also help you gather and present the necessary evidence to support your claim, including documentation of discriminatory practices or witness statements.
A lawyer will also work to ensure that your case aligns with the legal requirements under Texas and federal laws, including obtaining the Right-to-Sue letter. If resolution through agency action is not possible, an attorney will also be able to represent you in court proceedings, as needed.
