Bob Thornton, Attorney
Carla Scheetz, Paralegal

If you believe you have a claim for discrimination based upon race, sex, pregnancy, national origin, religion, age, disability or retaliation, you usually have to file a claim with the EEOC (Equal Employment Opportunity Commission) and the Texas Workforce Commission (TWC) Civil Rights Division, before you can file a lawsuit in state or federal court.

Your claim must be filed with either the EEOC or TWC Civil Rights Division within 180 days of the discriminatory act to preserve your right to file a lawsuit in court. If you are only filing with the EEOC, you must do so within 300 days of the discriminatory act. Your employer must employ at least 15 employees before it can be liable for these types of discrimination. Age discrimination claims require at least 20 employees.

If you were discriminated against because of your race, you may also have a federal claim under Section 1981 of the Civil Rights Act. If so, you can file this claim directly with the court without first filing a claim with the EEOC or TWC Civil Rights Division, and your employer does not have to employ 15 employees for you to have a claim.

After you file with the EEOC or TWC, you will be assigned an investigator. He or she will contact your employer and may attempt to resolve the situation through mediation. If the EEOC finds reasonable cause, which is exceedingly rare, it may attempt to resolve the matter through informal reconciliation. More commonly, the EEOC or TWC will give you a Notice of Right to Sue, which allows you to pursue your lawsuit in court. You can request this notice only after your case has been on file for 180 days.

If you receive a Notice of Right to Sue from the TWC, 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.

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To learn more about our employment law practice or to schedule an appointment to discuss matters in confidence with EEOC lawyer at our Dallas office, contact us. We offer a free review of the facts of your case with a Kilgore & Kilgore attorney to help you understand your situation from a legal perspective and whether or how to proceed with an action.