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Back to Employee Rights Resources Back to TLSC Home PageDisclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.
This pamphlet explains the basic laws against discrimination in Texas and offers suggestions about what you can do to protect your rights. This pamphlet does NOT cover the special rules that apply to certain government employees. If you have further questions, call the Employee Rights Project at Bexar County Legal Aid.
State and federal laws prohibit most employers from discriminating against you because of your race, color, national origin, citizenship or immigration status, religion, sex, pregnancy, age (over 40), or disability. The two most important laws that protect workers in Texas are Title VII of the Civil Rights Act of 1964 and the Texas Commission on Human Rights Act (TCHRA). Under these laws, the following types of behavior are usually illegal (regardless of the race, sex, national origin, or other characteristics of the person who commits them):
It is also illegal for an employer to punish or retaliate against an employee for reporting suspected discrimination or for taking part in an investigation or lawsuit based on alleged discrimination.
Unfortunately, these laws do not always protect workers from discrimination. Often, for example, the laws only apply to employers with at least 15 employees. Other exceptions to the laws against discrimination are explained below.
In Texas, you are considered an "at will" employee unless you work under an employment contract or a union contract. "At will" employment means that your employer can fire you, discipline you, or refuse to promote you for almost any reason -- including many bad and unfair reasons. For example, there is no law against firing an employee or refusing a promotion based on personal reasons such as office politics or favoritism by a supervisor. You can be legally fired for doing something reasonable that offends your employer, such as asking for a transfer or looking for other work. And there is no law that protects gay, lesbian, or bisexual employees from discrimination based on their sexual orientation.
But there are many special laws that might apply to your situation. For example, in most jobs, you have a right to unionize and cannot be discriminated against for union activities. Certain workers, such as health care workers and government employees, are covered by special "whistleblower" laws that prohibit retaliation after an employee reports wrongdoing. An employer cannot discriminate against employees who participate in legally-protected activities such as jury duty, military service, or filing a worker's compensation claim. Employees who work for the government (including public hospitals and schools) have many special rights, such as the right to notice and a hearing before being fired. And even if your employer fired you legally, you may still be eligible for unemployment compensation benefits (see the pamphlet Unemployment Compensation).
If you have the skills and qualifications to do a job, an employer may not fire you or refuse to hire you simply because you have a physical or mental disability. Also, under a law called the Americans with Disabilities Act (the ADA), employers must make reasonable accommodations for their employees who have disabilities. If you have worked for your employer for at least a year, you may have additional rights under the Family and Medical Leave Act. And finally, if you became disabled as a result of an injury at work, you may be able to receive worker's compensation.
Under the ADA, a "disability" is any physical or mental condition that "substantially limits a major life activity." For example, cancer, AIDS, blindness, and paraplegia are usually considered disabilities under the ADA. Other conditions such as heart problems, depression, or past alcohol or drug use may be treated as disabilities if they severely limit what you can do. A "reasonable" accommodation is a change in the job or workplace that does not cause great expense or inconvenience to the employer and that makes it possible for you to your job. If you have questions about your rights under the ADA, or if you would like help identifying accommodations your employer could make, contact Advocacy, Inc. (800/315-3876 v/TDD) for more information.
Sex discrimination refers to treating male and female employees differently in hiring, promotions, wages, hours, or other conditions of employment. Sex discrimination includes "sexual harassment," which refers to unwanted sexual attention that an employee experiences in the workplace. Sex discrimination in pay rates is covered by a special law called the "Equal Pay Act."
The law against sex discrimination applies to pregnancy, as well. As long as you are able to do the job, an employer may not ask you to quit or refuse to hire you simply because you are pregnant. If you are temporarily unable to do the job, the employer must treat you the same as any other temporarily disabled worker. And if you have had this job for at least a year, you may have other rights under the Family and Medical Leave Act.
If you experience discrimination or harassment, take action right away. As soon as possible, write down every detail you can remember about the discrimination, including names, dates, conversations, and the names, home phone numbers, and addresses of any witnesses. Save all documents and other information that relate to the discrimination or that would help you to prove that you were a good employee.
To protect all your rights under state and federal law, you should make a formal complaint (called a "charge") with the correct agency within 180 days after the discrimination against you. If you miss this deadline, you may still be able to file a complaint with the EEOC up to 300 days after the discrimination. You do not have to pay a fee to file a charge with any of the government agencies mentioned in this pamphlet.
You may want to consult the Employee Rights Project or a private attorney before you file a formal complaint. But you are not required to have an attorney or to get legal advice before you file your complaint.
NOTE: Government employees may have much less time to file a charge and may have to complete a special complaint process before going to the EEOC or another agency. Ask the EEO office of your employer where and when you must file your charge.
Generally, your complaint of discrimination must be filed in person or by mail either with the EEOC or the Texas Commission on Human Rights. If you file with either agency, your complaint is automatically filed with the other agency as well. This protects your rights under state and federal law.
There are a few exceptions to this general rule. First, you can file an Equal Pay Act claim in court without going to the EEOC first. Second, citizenship discrimination claims must be filed with the Office of Special Counsel (OSC) at the U.S. Department of Justice. Finally, national origin discrimination claims are filed either with the OSC or with the EEOC, depending on the size of your employer. For more detailed information about discrimination based on citizenship, national origin, or immigration status, call the OSC at (800)255-7688 or (800)237-2515 (TDD).
The charge of discrimination, together with any affidavit (sworn statement) attached to the charge, should contain all of your complaints against your employer. Include specific details such as dates, names, and specific statements made to you. It is important to name all the types of discrimination that your employer may have committed. For example, mention sex and age discrimination if you have reason to believe that both of these may have been involved, even if you think the evidence of sex discrimination is the strongest. Do not let the agency talk you out of adding additional claims to your charge. If you leave something out of your charge, you may not be allowed to bring it up in court later. If you learn that you left something out, contact the agency immediately and ask about the procedure for "amending" your charge.
EEOC: The EEOC will assign an investigator to your case. The investigator will contact you and your employer for more information. The EEOC may arrange for "mediation," which is a negotiation meeting at which the parties try to reach an agreement that will end the case, with the help of a neutral mediator. Also, if the EEOC finds strong evidence in your favor, it may work on your behalf to negotiate a settlement with your employer.
The EEOC investigation usually lasts at least one year, and sometimes lasts as many as three years. After the investigation, the EEOC will send you a letter known as a "right to sue letter," either finding that there is "cause" for the complaint against your employer, "no cause" for the complaint, or "insufficient evidence" from which to make a decision. In very rare cases (usually cases that affect many employees) the agency may decide to go to court for you. Otherwise, regardless of the EEOC's decision, you have the right to file a lawsuit against your employer in state or federal court within 90 days after you receive the "right to sue" letter.
You do not have to wait for the EEOC to finish investigating your case. After 180 days have passed since you filed your charge, you can ask the EEOC (in writing) for a "right to sue" letter so that you can go to court. It is a good idea to get an attorney if you are going to court. The EEOC and the San Antonio Bar Association can give you a list of attorneys who handle employment law cases.
TCHR: The TCHR process works like the EEOC process, except that the timeline is different and all communication with the agency happens either by mail, by long-distance telephone, or in person at the agency in Austin. If you file with the TCHR instead of the EEOC, ask the agency for more specific information about the deadlines you must meet.
OSC: Like the EEOC, OSC will investigate the case and make a decision about whether or not it believes the employer discriminated. If OSC finds there was discrimination, it may negotiate with the employer to reach a settlement or it may take the case before an administrative law judge (ALJ) who will make a decision in favor of one side. If the OSC does not find that there was discrimination, you may still file a complaint with the ALJ. If either side is unhappy with the ALJ's decision, that side can appeal the case to the U.S. Fifth Circuit Court of Appeals.
Cooperate with the investigator and regularly call to check up on the progress of your case. Make available any and all information, witnesses, and documents that might help prove your claims.
If you are fired or forced to quit, keep records of your search for other work. If you win, you will have to prove that you looked hard for other work.
If you are still working for the employer, do not give the employer any excuse for criticizing your work or disciplining you. Consider finding work elsewhere, since many employers will try to find a good excuse to fire you after you file a charge of discrimination.
Equal Employment Opportunity Commission
Texas Commission on Human Rights
P. O. Box 13493
Austin, TX 78711
(512) 437-3450
Office of Special Counsel for
Immigration-Related Unfair Employment Practices
U.S. Department of Justice
P. O. Box 27728
Washington D.C. 20038-7728
(800) 255-7688 or (800) 237-2515 (TDD)
San Antonio Bar Association
Lawyer Referral Line
(210) 227-1853
Bexar County Legal Aid
Employee Rights Project
123 Ascot
San Antonio, TX 78228
(210) 922-5893
Advocacy, Inc.
800/315-3876 v/TDD
© 1998 Bexar County Legal Aid Association
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Back to Employee Rights Resources Back to TLSC Home PageThis page was last updated on: 01/03/02