If you believe that you have a claim for discrimination based upon race, sex, national origin, religion, age, disability and/or retaliation, you must first file a claim with the Equal Employment Opportunity Commission ("EEOC") and/or the Texas Commission on Human Rights ("TCHRA") in order to later file a claim in state or federal court. Sex discrimination includes discrimination on the basis of pregnancy and/or childbirth. Also, you may also file a claim for violation of the Equal Pay Act, although you can also pursue that claim privately without going through these agencies.

If you believe that you have been discriminated against because of your race, you may have a federal claim under Section 1981. If so, you can file this claim directly with the court without first filing a claim with the EEOC and/or TCHRA, and your employer does not have to employ 15 employees for you to have a claim.

Your employer must employ at least 15 employees before it can be liable for these types of discrimination except for ADEA claims which require at least 20 employees.

If you believe that you have been discriminated against because of your race, you may have a federal claim under Section 1981. If so, you can file this claim directly with the court without first filing a claim with the EEOC and/or TCHRA, and your employer does not have to employ 15 employees for you to have a claim.

Your claim must be filed with either the EEOC and/or TCHRA within 180 days of the discriminatory act to later pursue the claim in state court, or your claim must be filed with the EEOC within 300 days of the discriminatory act to later pursue the claim in federal court.

The EEOC and/or TCHRA will then assign an investigator to your case, contact your employer, and attempt to resolve the situation through mediation. If the EEOC finds reasonable cause, it will attempt to resolve the matter through informal conciliation. The EEOC and/or TCHRA may give you a notice of Right to Sue letter so that you can pursue your rights in court at any time during the process.

At the end of the process, the EEOC and/or TCHRA will give you a notice of Right to Sue or may actually file a civil suit. If you receive a notice of Right to Sue from TCHRA, you then need to file suit in state court within 60 days. If you receive a notice of Right to Sue from the EEOC, you then need to file suit in federal court within 90 days.

Depending on the facts of your case, we may be able to represent you at any time during this process including preparation of your EEOC filing and filing your EEOC case.

Contact Kilgore + Kilgore today to discuss your situation if you believe you have a claim for discrimination based on race, sex, national origin, religion, age, disability, and/or retaliation.