Facing workplace discrimination is an unfortunate reality for many professionals. These experiences can range from overtly discriminatory actions to subtle but persistent remarks or decisions made by colleagues or leadership. In Texas, employees can pursue a discrimination complaint either at the federal level with the Equal Employment Opportunity Commission (EEOC) or at the state level with the Texas Workforce Commission (TWC). Understanding the differences between these two pathways is key to making an informed decision about how to proceed.
What Qualifies as Employment Discrimination
Under both the EEOC and TWC, employment discrimination is generally defined as “less favorable” treatment based on legally protected characteristics, including:
- Race
- Color
- Religion
- Sex
- National origin
- Age (40+)
- Disability
“Less favorable” treatment may arise in decisions involving hiring, firing, promotions, training, harassment, compensation, or benefits. All employees in the United States may file with the EEOC, while employees working in Texas, including remote employees whose work is performed within the state, may file with the TWC. Providing documentation, communications, and witness statements strengthens a claim. Without evidence that treatment was tied directly to one of the protected classes above, it will be difficult to prove actionable discrimination.
Federal Route: Filing with the EEOC
Employees who experience discriminatory conduct based on race, color, sex, national origin, age, disability, or genetic information can file a Charge of Discrimination with the EEOC. Depending upon the claim at issue, an employer must have 15 or 20 employees to be covered by the EEOC. Except for claims brought under the Equal Pay Act, all EEOC-enforced laws require this charge before an employee can file litigation concerning their federal employment discrimination claims covered by the EEOC. The EEOC states a Charge of Discrimination must typically be filed within 180 calendar days of the discriminatory act. This window may extend to 300 days if state or local laws prohibit discrimination on the same basis. Each discriminatory incident has its own deadline, so timeliness is critical.
State Route: Filing with the TWC
In Texas, employment discrimination occurs when an employer treats an employee adversely because of race, color, religion, sex, national origin, age (40+), or disability. This includes decisions related to hiring, firing, promotion, harassment, training, retaliation, wages, and benefits. According to the TWC, the following must be true:
- The employer has at least 15 employees.
- You experienced a specific employment harm (e.g., demotion, denial of promotion, termination).
- Your physical work location was in Texas (remote employees living and working in Texas typically qualify).
If you file a claim with the TWC, you do not need to file separately with the EEOC. Through a process called “dual filing,” many state agencies automatically share qualifying claims with the EEOC. However, similarly with the EOCC, the discrimination claim must be filed within 180 days of the act, with the potential window to be expanded to 300 days under certain circumstances.
Federal vs. State: Making the Strategic Choice
Several factors influence whether filing with the EEOC or TWC is more advantageous:
- Jurisdiction: EEOC claims fall under federal law; TWC claims fall under Texas state law.
- Legal Standards: While similar, federal and state enforcement approaches may differ.
- Appeals: EEOC decisions are appealed in federal court; TWC decisions in Texas state court.
Evaluating the nuances of your situation, and the forum most appropriate for your claims, is essential before deciding where to file.
Can I Sue My Employer for Employment Discrimination?
You must first file a Charge of Discrimination as the first step if you wish to sue. Before filing a lawsuit, you must also receive a Notice of Right to Sue from TWC or the EEOC. This notice gives you permission to sue in a court of law.
Reach out to a member of employment team to discover your legal rights and to ensure you properly and timely pursue any claims you may have.
Contributions to this blog by Anastasia Pedraza
