Employment Discrimination Demand Letter - Texas
EMPLOYMENT DISCRIMINATION DEMAND LETTER
Texas Law
Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act)
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Texas ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Texas No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
TWC-CRD Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - TEX. R. EVID. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all further communications concerning this matter to our office.
I. LEGAL FRAMEWORK
A. Texas Labor Code Chapter 21
Texas prohibits employment discrimination under the Texas Commission on Human Rights Act, codified at Texas Labor Code Chapter 21.
Protected Classes Under Tex. Lab. Code Section 21.051:
- Race
- Color
- Disability
- Religion
- Sex (including pregnancy)
- National origin
- Age (40+)
B. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
C. Texas Workforce Commission Civil Rights Division (TWC-CRD)
Administrative Exhaustion Required:
- Must file TWC-CRD complaint within 180 days
- TWC-CRD has work-sharing agreement with EEOC
- Must file suit within 60 days of receiving right-to-sue (for state claims)
II. FACTUAL BACKGROUND
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Texas.
Employment Summary:
| Category | Details |
|---|---|
| Start Date | [Date] |
| Final Position | [Title] |
| Final Salary | $[Amount] per [year/hour] |
| Supervisor | [Name, Title] |
| Work Location | [Address] |
| Employment Status | [Terminated / Constructively Discharged / Still Employed] |
III. LEGAL CLAIMS
A. Violation of Texas Labor Code Chapter 21
[Company Short Name] violated Texas law by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 15+ employees
- Administrative exhaustion required
- 60-day deadline to sue after right-to-sue (state claims)
- Damage caps follow federal Title VII
See Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010).
B. Federal Claims
[Company Short Name] also violated [Title VII/ADEA/ADA] by [describe violation].
IV. DAMAGES
A. Damage Caps (Tex. Lab. Code Section 21.2585)
| Employer Size | Combined Cap (Compensatory + Punitive) |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
B. Summary of Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
If we do not receive a satisfactory response, our client will file suit in the appropriate Texas state or federal court.
VII. DOCUMENT PRESERVATION
Immediately implement a litigation hold to preserve all relevant documents and ESI.
VIII. CONFIDENTIALITY
This letter is a confidential settlement communication protected by Texas Rule of Evidence 408.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[State Bar of Texas No.]
TEXAS-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Texas Considerations
[ ] Administrative Exhaustion: Required - file with TWC-CRD within 180 days
[ ] 60-Day Deadline: After right-to-sue, only 60 days to file state law claims in court (very short!)
[ ] Federal Damage Caps: Texas follows Title VII caps
[ ] No SOGI Protection: Sexual orientation and gender identity not protected under state law
[ ] Dual Filing: TWC-CRD complaint will be cross-filed with EEOC
Critical Timeline Note
IMPORTANT: Texas has only a 60-day deadline to file suit after receiving a right-to-sue letter for state law claims. This is one of the shortest in the nation. Consider requesting early right-to-sue strategically.
Venue Options
- Texas State District Court: State court venue
- U.S. District Court, Northern District of Texas (Dallas, Fort Worth, Amarillo, Lubbock)
- U.S. District Court, Southern District of Texas (Houston, Galveston, Corpus Christi, Brownsville, Laredo, Victoria)
- U.S. District Court, Eastern District of Texas (Tyler, Beaumont, Sherman, Texarkana, Marshall, Lufkin)
- U.S. District Court, Western District of Texas (San Antonio, Austin, El Paso, Midland, Del Rio, Pecos, Waco)
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| TWC-CRD Complaint | 180 days | Tex. Lab. Code Section 21.202 |
| State Court Action | 60 days after right-to-sue | Tex. Lab. Code Section 21.254 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |
| Federal Court (Title VII) | 90 days after right-to-sue | 42 U.S.C. Section 2000e-5(f) |
About This Template
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: February 2026