Discrimination Claims to Consider If Fired from Your Job

April 11, 2019

Despite stricter laws and awareness programs, discrimination continues to happen. The federal government and the state of Texas regulate employment discrimination. The Equal Employment Opportunity Commission (EEOC) enforces the federal laws that prohibit any discrimination because of gender, race, sex, national origin, religion, genetic information, disability or age. The employment laws in Texas also protect workers from illegal discrimination that is based on any of those factors.

If you’re a victim of discrimination in the workplace based on those factors, you can file a discrimination claim with the proper agency. There are several steps involved with filing a complaint about discrimination with Texas. Here are the steps involved with filing a discrimination claim:

1.    Decide which agency you wish to submit your claim with. You can file a discrimination claim with the EEOC or with the Texas Workforce Commission–Civil Rights Division (TWCCRD). Both agencies have a sharing agreement, which means they will work together processing your discrimination claim. You will only file your claim with one agency, but let that agency know you wish to cross-file your claim with the other entity that handles discrimination complaints so that they will share the information.

2.    Familiarize yourself with the time limit for filing a claim. Your claim must be filed with the TWCCRD or cross-filed with the EEOC no later than 180 days from the day that you were a victim of discrimination. To maintain federal protection of your claim, you must file with the EEOC or cross-file with the TWCCRD within 300 days of the date you were a victim of discrimination. The sooner your petition is filed, the better established your discrimination case will be.

3.    Complete an Employment Discrimination Complaint Form. To file a claim with the TWCCRD, you will need to complete what is called an Employment Discrimination Complaint Form first which you will then submit to the TWCCRD. The form can be mailed to 101 East 15th Street, Guadalupe CRD, Austin, TX 78778, faxed with a cover sheet to (512) 482-8465, or emailed to EEOINtake@twc.state.tx.us.

4.    Call the nearest office. To file your claim with the EEOC, you will need to call the nearest office. In the state of Texas, there are offices located in San Antonio, Houston, Dallas, and El Paso. You can file charges by mail, by telephone, or in person. To determine the nearest office, you can go online to review locations on the EEOC Office List and check the jurisdictional map. There is a service online that will allow you to check your charge status online and will allow for easier communication with the team members overseeing your discrimination case.

5.    Speak with an Attorney. Last, but not least, the most important step is to talk with an experienced employment lawyer who works with Texas discrimination claims. If your case isn’t settled to your liking by one of the government agencies, you may want to proceed with a lawsuit against the employer. By filing a claim with one of the agencies first, you will have a stronger foundation for a suit should you choose to pursue that route. When you submit a claim with the TWCCRD or EEOC, you are exhausting your administrative remedies, which shows that you did everything possible to resolve the matter before you filed a lawsuit.

If you have lost your job due to discrimination of any type in Texas, then it is essential that you speak with an experienced workplace and employment attorney like those at Fears Nachawati. Our team is here to defend your rights as a worker and protect your job, and we have handled all manner of work-related claims and helped many navigate the often-complicated world of discrimination lawsuits.

For your free, no-obligation legal consultation, please call (866) 705-7584 or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.

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