Before you file an EEOC complaint or a complaint the TWC Civil Rights Division (the Texas “arm” of the EEOC), consult with an experienced Texas employment lawyer to make sure you a making a solid case. Don’t settle for less!
EEOC Complaints and TWC Complaints
Consult with an experienced Texas employment lawyer before filing a complaint.
Texas EEOC and TWC Guidance
Before you file anything, it’s wise to consult with an experienced employee rights attorney to ensure you are putting your best foot forward.
If you would like to learn more about EEOC and TWC complaints, read on to find answers to some of the most frequently asked questions:
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.
We're the legal team that will fight for your rights.
Here are just a few results we have achieved on behalf of our clients:
- $359,199 settlement for a victim of long-term sexual harassment
- $171,388 settlement for a victim of age discrimination
- $302,292 settlement for a victim of racial discrimination and retaliation
- $101,550 settlement for a victim of disability and FMLA discrimination
- $37,620 settlement for an OSHA whistleblower who was wrongfully terminated
While there is no guarantee a particular claim will result in a settlement, having experienced employee rights lawyers on your side can increase your chances of success. We strive to provide the very best guidance and representation to any victims of unlawful workplace activities.
If you would like guidance and support filing a complaint with the Houston or Dallas EEOC, or the Texas Workforce Commission, our attorneys can help. Our principal office is located in Dallas, but we serve clients throughout the state of Texas. We can advise you of your rights and help you determine your best options for success. Contact us today for a free, no-obligation consultation.
At Jackson Spencer Law, We Stand Up for Employees’ Rights.
Unfortunately, the odds are often stacked against employees when going up against an employer, big or small, but our experienced attorneys can help level the playing field.
If you are unsure whether you have a potential case, contact us for a free, no-obligation consultation. We will help you determine your legal options and develop a strategy for moving forward.
Fighting for Employees in Texas
Experienced. Knowledgable. Caring.
The attorneys at Jackson Spencer Law are here for you. We know the law — and we know the rights and protections that employers owe to their workers. Whether it’s negotiating a severance package or a settlement with an employer, navigating the complexities of a whistleblower case, or taking a discrimination lawsuit to court — let our Texas legal team go to work for you.
An experienced trial lawyer and CPA known for her aggressive, organized, and highly effective litigation style, Jennifer Spencer is a champion for the rights of those who have been wrongfully terminated, discriminated against, sexually harassed, terminated after whistleblowing, passed over for promotions or otherwise wrongfully treated in the workplace.
Neal Bridges approaches every employment matter with the understanding that he’s not only delivering justice for his clients, but also peace of mind and hope for the future. He is experienced in a wide array of employment law situations, from negotiating severance agreements to representing clients in litigation over wrongful termination, workplace discrimination, or retaliation.
James Hunnicutt’s entire professional history has been focused on advocating for those who have been taken advantage of and treated unfairly. He draws on his background as a consumer protection lawyer to advocate for employees who have been treated unfairly in the workplace, and he works aggressively and thoroughly to vindicate employees’ rights.
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The employment attorneys at Dallas-based Jackson Spencer Law have in-depth experience in representing employees who are in disputes with their employers. How can we help you?