Filing a Discrimination Charge Against Your Employer
School & Work
Here, learn how to file an employment discrimination complaint with the Texas Workforce Commission (TWC). TWC works in cooperation with the U.S. Equal Employment Opportunity Commission (EEOC) to resolve employment discrimination allegations.
The information in this article was written by Texas Workforce Commission and the U.S. Equal Employment Opportunity Commission. It has been lightly edited for style.
Revised by TexasLawHelp.org on February 15, 2023.
What can I do if I believe my employer has discriminated against me?
If you believe your current or former employer discriminated against you because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, or because of retaliation for participating and/or filing another discrimination complaint, you can file a complaint with the Texas Workforce Commission (TWC). You can also file a complaint if you experienced discrimination when you applied for employment.
What are the requirements to file a complaint?
In order to file a complaint of discrimination, you must meet the following requirements:
The physical address you worked at must be within the state of Texas.
The company must have 15 or more employees.
The date of discrimination must have occurred within the last 180 days from the date you are submitting the complaint.
Your discrimination allegation must specify one or more of the following types: race, color, national origin, religion, sex (including pregnancy, gender identity, and sexual orientation), age (40 or older), disability, genetic information, or retaliation for participating and/or filing another discrimination complaint.
Your complaint must identify employment harm such as demotion, denial of promotion, or termination.
How do I submit an employment discrimination complaint to TWC?
You can submit your complaint online with the Employment Discrimination Complaint Form.
You can also submit your complaint by email, by postal mail or in person.
Submit a complaint via email at EEOintake@twc.texas.gov.
Submit a complaint via postal mail at the following address:
Texas Workforce Commission
Civil Rights Division
101 E 15th St, Guadalupe CRD
Austin, TX 78778-0001
Submit a complaint in person at the following address:
1215 Guadalupe St,
Austin, TX 78701
If you have questions, call: 512-463-2642 or 888-452-4778.
TWC does not accept employment discrimination complaints over the telephone.
What information do I need to include in my complaint?
You must include each of the following:
Your full name, home address and home telephone number
The official company name, physical address where you worked for the employer and office telephone number
The Human Resources Supervisor/Director’s full name, address and telephone number
Whether the company has 15 or more employees (this can include other worksites besides the one where you worked)
Whether your treatment was because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or because of retaliation for participating and/or filing another discrimination complaint
A description of the employment harm such as demotion, denied hire, termination, denied benefits, etc.
Do I also need to submit a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)?
No. When you submit an employment discrimination complaint with TWC, it is automatically submitted with EEOC also. This process, which is called dual filing, helps to protect charging party rights under both federal and state or local law. You cannot submit with both TWC and the EEOC.
What happens after I submit my complaint?
Once your employment discrimination complaint form is received, TWC will make sure it meets the requirements.
If your complaint does not meet statutory requirements, TWC will mail you a letter formally dismissing your complaint.
If your complaint meets requirements, TWC will send you a form known as the charge of discrimination. This form will be mailed or emailed to you for your review and signature.
Once the signed charge of discrimination form is received by TWC, your complaint will be processed.
What happens after I sign and return the charge of discrimination?
Once a signed charge is received, TWC will invite you and the respondent to mediation. Mediation is a voluntary process that allows both parties to discuss their issues with a neutral mediator. The mediator’s role is to provide assistance in resolving the dispute in a manner favorable to all parties.
If both parties accept the mediation invitation, a meeting will be scheduled with a TWC mediator. The mediation can take place in person, on the telephone, or remotely, over the internet.
What if I decline mediation?
If either party declines mediation, the investigation will begin.
What happens during the investigation?
TWC conducts neutral investigations and gathers information to determine if discrimination has occurred under the Texas Labor Code. TWC works in cooperation with the federal Equal Employment Opportunity Commission (EEOC) to resolve employment discrimination allegations.
The investigator will conduct interviews with the involved parties and witnesses, review relevant documents, policies and procedurals, and refer to relevant state laws. Based on the evidence presented and the investigation conducted, the investigator will determine whether or not there is sufficient evidence of discrimination.
Can I sue my employer for discrimination?
If you plan to file a lawsuit alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or retaliation, you must first file an employment discrimination complaint as outlined in this article (except for lawsuits under the Equal Pay Act). Before filing a lawsuit, you must also receive a Notice of Right to Sue from TWC or the EEOC. This notice gives you permission to file suit in a court of law.
To learn more about filing a lawsuit against your employer, visit the Filing a Lawsuit page on the EEOC website.
To learn more, visit the How to Submit an Employment Discrimination Complaint page on the TWC website or the Filing A Charge of Discrimination With the EEOC page on the EEOC website.
Discrimination at WorkThis article discusses different types of discrimination that may occur in your workplace.
Recognizing Employment DiscriminationThis article discusses spotting types of discrimination that can happen at work.
Job Termination or DiscriminationLearn about job termination and the different forms of workplace discrimination.