Texas Employment Discrimination Law
by: Legal Aid of Northwest Texas (Waxahachie Office)
The Texas Commission on Human Rights Act Texas Labor Code §§ 21.001 et seq.
This is the state law, similar to the federal laws, that prohibits employment discrimination. This law makes it unlawful in Texas for an employer to discriminate against job applicants or employees because of race, color, national origin, gender, age or handicap. This law applies to any employer with at least 15 employees. It applies to City, County and State agencies. It applies to Labor Organizations and employment agencies. It applies to any employee except elected officials or political appointees.
It does not provide protection from employment discrimination based on disabilities resulting from drug or alcohol abuse or diseases that are currently communicable or easily spread to other workers.
To pursue a complaint under this state law, you must file a discrimination charge with the Commission within 180 days of the employer's conduct that you claim discriminates against you. Then, if your claim is not resolved, you must file suit in state court within 60 days of the date the Commission notifies you that you have a right to sue. However, suit must be filed within ONE year of the date that the complaint was filed with the Commission. The court can award injunctions to prevent future discrimination. It can award job reinstatement and back pay together with attorney fees and court costs.
For information about how to contact the Commission go to www.tchr.state.tx.us.
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