What Qualifies for an EEOC Complaint or TWC Complaint?

If you have experienced workplace discrimination in Texas, you can file a complaint with either the Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division.

You can file a complaint with the EEOC if you are being treated unfairly at work because of your race, color, religion, sex, national origin, disability, age, or genetic information. You may also file a complaint if you are pregnancy discrimination or discrimination due to your sexual orientation, gender expression, or gender identity. Likewise, if you are being treated poorly because you complained about discrimination or harassment for any of the aforementioned qualities, you can file a complaint with the EEOC.

You can file a complaint with the TWC-CRD if you have been discriminated against as a result of your age, sex, color, race, national origin, religion, disability, or military status. Texas also prohibits workplace discrimination against those participating in an emergency evacuation.

How Long Do I Have to File an EEOC or TWC Complaint?

While it is important to collect evidence and take your time to draft a solid complaint, there are time limits for filing a complaint with both the EEOC and TWC.

You only have 180 days to file a complaint with the TWC-CRD from the last date of discrimination, and you have 300 days to file a complaint with the EEOC (after the last date of discrimination). If you have a claim related to an accommodation for pregnancy, religion, or disability, you only have 180 days (TWC) or 300 days (EEOC) to file a complaint from the date of the first accommodation request.

If you are also considering filing a claim with the Occupational Safety and Health Administration (OSHA) under Section 11(c) claims (which concern workplace safety), it’s important to know that those claims have a much tighter, 30-day window in which to file a claim if you suspect that you’ve been demoted, suspended, or fired after reporting safety concerns at your workplace.

Do I Need a Lawyer to File an EEOC Complaint or TWC Complaint?

Technically, you can file a complaint with the EEOC or TWC on your own without the assistance of a lawyer. However, if you do not state a claim correctly (and this is easier said than done), either organization may dismiss your complaint. If your complaint is dismissed, a lawyer cannot fix or amend it.

At the very least, it is wise to consult with an experienced employee rights lawyer before filing a complaint. Also, there may be strategic reasons to submit your complaint to either the EEOC or the TWC and an attorney can help you determine which may be the better agency for your particular claim. Beyond that, some claims (such as being fired for taking FMLA leave) are not overseen by either agency, but they may be suitable for a lawsuit.

Another issue individual complainants tend to encounter when filing a claim without an attorney is the limited space provided by each agency’s forms. It is important to provide the essential elements of a claim to ensure your case is not dismissed, yet there is little space to provide every detail. An attorney can help you determine which details should and should not be included to prevent your complaint from being dismissed.

Employment claims are highly nuanced and complicated, and you will likely only get one shot to state your case. An attorney can help you make your best possible case, increase the chances your claim will be accepted, and maximize your chances of a settlement.