Texas Civil Rights Complaint (TCHRA / Texas Labor Code Chapter 21)

CIVIL RIGHTS COMPLAINT — TCHRA / TEXAS LABOR CODE CHAPTER 21

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion and Conditions Precedent
6. Factual Allegations
7. Count I — TCHRA Discrimination (Tex. Lab. Code § 21.051)
8. Count II — TCHRA Retaliation (Tex. Lab. Code § 21.055)
9. Count III — TCHRA Sexual Harassment (Tex. Lab. Code §§ 21.141, 21.142) (if applicable)
10. Count IV — Title VII Discrimination / Retaliation (42 U.S.C. § 2000e-2, § 2000e-3)
11. Count V — 42 U.S.C. § 1981 (race) (if applicable)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Reservation of Rights
16. Signature and Service Blocks
17. Verification (optional)
18. Certificate of Service
19. Texas Practice Notes
20. Sources and References

1. CAPTION

CAUSE NO. [________________________________]

IN THE [____] JUDICIAL DISTRICT COURT

[COUNTY] COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff [PLAINTIFF NAME] ("Plaintiff") files this Original Petition complaining of Defendants and respectfully shows the Court the following:

2. NATURE OF THE ACTION

2.1. This is an action for unlawful employment discrimination, harassment, and retaliation arising under the Texas Commission on Human Rights Act ("TCHRA"), Tex. Lab. Code Chapter 21, and parallel federal statutes including Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and [ADD: 42 U.S.C. § 1981 / ADEA / ADA / Bostock SO-GI theory] as applicable.

2.2. Defendants discriminated against Plaintiff because of Plaintiff's [RACE / COLOR / NATIONAL ORIGIN / SEX / RELIGION / DISABILITY / AGE / PREGNANCY / SEXUAL ORIENTATION / GENDER IDENTITY] in violation of state and federal law and retaliated against Plaintiff for engaging in protected activity.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY, COUNTY], Texas, and at all times material was an "employee" within the meaning of Tex. Lab. Code § 21.002(7) and a member of the protected class(es) identified herein.

3.2. Defendant [EMPLOYER LEGAL NAME] is a [corporation / LLC / partnership / sole proprietorship] organized under the laws of [STATE], doing business in Texas, with its principal place of business at [ADDRESS]. Defendant employs [NUMBER] employees and is an "employer" within the meaning of Tex. Lab. Code § 21.002(8) [and § 21.141 for purposes of the sexual harassment claim]. Service of process may be effected on Defendant's registered agent, [REGISTERED AGENT NAME], at [REGISTERED AGENT ADDRESS], pursuant to Tex. Bus. Orgs. Code § 5.201 and Tex. R. Civ. P. 106.

3.3. [OPTIONAL] Defendant [INDIVIDUAL NAME] is a natural person residing in [COUNTY], Texas. Plaintiff sues this Defendant in his/her individual capacity solely under Tex. Lab. Code § 21.141 (sexual harassment), which authorizes liability against persons who act "directly in the interests of an employer in relation to an employee."

4. JURISDICTION AND VENUE

4.1. The Court has subject-matter jurisdiction under Tex. Const. art. V, § 8 and Tex. Gov't Code § 24.007 because the amount in controversy exceeds the minimum jurisdictional limits of the Court.

4.2. Venue is proper in [COUNTY] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.002 because all or a substantial part of the events or omissions giving rise to the claims occurred in this County, [and/or] because Defendant's principal office in this State is located in this County.

4.3. Pursuant to Tex. R. Civ. P. 47(c), Plaintiff seeks monetary relief over [$250,000 / $1,000,000] and non-monetary relief.

5. ADMINISTRATIVE EXHAUSTION AND CONDITIONS PRECEDENT

5.1. On [DATE], Plaintiff timely filed a verified charge of discrimination with the Texas Workforce Commission Civil Rights Division ("TWC-CRD") and the U.S. Equal Employment Opportunity Commission ("EEOC"), TWC Charge No. [________] / EEOC Charge No. [________], alleging the unlawful employment practices described herein.

5.2. The charge was filed within [180 days / 300 days for sexual harassment] of the most recent discriminatory or retaliatory act, as required by Tex. Lab. Code § 21.202 [and 42 U.S.C. § 2000e-5(e)(1) for the Title VII counts].

5.3. On [DATE], the TWC-CRD issued a Notice of Right to File a Civil Action under Tex. Lab. Code § 21.252. [The EEOC issued a Notice of Right to Sue on [DATE].]

5.4. This action is filed within 60 days of receipt of the TWC-CRD Notice as required by Tex. Lab. Code § 21.254 [and within 90 days of the EEOC Notice as required by 42 U.S.C. § 2000e-5(f)(1)], and within two years of the charge as required by Tex. Lab. Code § 21.256.

5.5. All conditions precedent to suit have been satisfied or have occurred.

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was hired by Defendant [EMPLOYER] on or about [DATE] as a [POSITION TITLE].

6.2. Throughout Plaintiff's employment, Plaintiff performed Plaintiff's job duties at or above Defendant's legitimate expectations, as reflected in [performance reviews / commendations / awards].

6.3. Plaintiff is a member of the following protected class(es): [RACE / COLOR / NATIONAL ORIGIN / SEX / RELIGION / DISABILITY / AGE 40+ / PREGNANCY / SEXUAL ORIENTATION / GENDER IDENTITY].

6.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse actions and discriminatory conduct:

• [SPECIFIC INCIDENT — date, actor, statement, witnesses]
• [SPECIFIC INCIDENT — date, actor, statement, witnesses]
• [SPECIFIC INCIDENT — date, actor, statement, witnesses]

6.5. Similarly situated employees outside Plaintiff's protected class(es) were treated more favorably, including, without limitation, [COMPARATOR NAME, position, treatment].

6.6. On [DATE], Plaintiff complained internally to [HR / SUPERVISOR / HOTLINE] about the discriminatory conduct.

6.7. Following Plaintiff's protected complaint, Defendant [DESCRIBE RETALIATORY ACT — termination, demotion, schedule change, written warning] on [DATE].

6.8. Defendant's stated reason for the adverse action — [STATED REASON] — is false and a pretext for discrimination and/or retaliation, as evidenced by [shifting explanations / inconsistent application of policy / temporal proximity / direct evidence].

7. COUNT I — TCHRA DISCRIMINATION (Tex. Lab. Code § 21.051)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.8.

7.2. Defendant employs 15 or more employees for each of 20 or more calendar weeks in the current or preceding calendar year and is an "employer" within Tex. Lab. Code § 21.002(8).

7.3. Plaintiff is a member of one or more protected classes enumerated in Tex. Lab. Code § 21.051: [RACE / COLOR / DISABILITY / RELIGION / SEX / NATIONAL ORIGIN / AGE].

7.4. Defendant subjected Plaintiff to adverse employment action(s) — [TERMINATION / DEMOTION / FAILURE TO PROMOTE / DISCIPLINE / HARASSMENT] — because of Plaintiff's protected status. Plaintiff's protected status was a motivating factor for Defendant's conduct. See Tex. Lab. Code § 21.125; Quantum Chem. Corp. v. Toennies, 47 S.W.3d 473 (Tex. 2001).

7.5. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 12.

8. COUNT II — TCHRA RETALIATION (Tex. Lab. Code § 21.055)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.5.

8.2. Plaintiff engaged in protected activity by [opposing a discriminatory practice / making a charge / filing a complaint / testifying / assisting / participating] under Tex. Lab. Code Chapter 21.

8.3. Defendant knew of Plaintiff's protected activity and thereafter took materially adverse action against Plaintiff, including [ACTION].

8.4. A causal connection exists between Plaintiff's protected activity and the adverse action, as shown by temporal proximity, [direct evidence], and [pretext].

9. COUNT III — TCHRA SEXUAL HARASSMENT (Tex. Lab. Code §§ 21.141, 21.142) (if applicable)

9.1. Plaintiff incorporates Paragraphs 1.1 through 8.4.

9.2. Defendant [EMPLOYER] employs one or more employees and is an "employer" within Tex. Lab. Code § 21.141 (as amended by S.B. 45, 87th Leg., R.S., effective September 1, 2021).

9.3. [OPTIONAL — INDIVIDUAL DEFENDANT] Defendant [INDIVIDUAL] acted directly in the interests of Defendant [EMPLOYER] in relation to Plaintiff and is independently liable under § 21.141.

9.4. Plaintiff was subjected to unwelcome sexual harassment that was severe or pervasive and created a hostile work environment, including but not limited to: [DESCRIBE — comments, touching, propositions, displays, dates, witnesses].

9.5. Defendant [and/or each Defendant] knew or should have known of the conduct and failed to take "immediate and appropriate corrective action" as required by Tex. Lab. Code § 21.142.

9.6. Plaintiff timely filed a charge of sexual harassment within 300 days of the most recent act, as authorized by Tex. Lab. Code § 21.202 (as amended by S.B. 45).

10. COUNT IV — TITLE VII DISCRIMINATION / RETALIATION (42 U.S.C. § 2000e-2, § 2000e-3)

10.1. Plaintiff incorporates Paragraphs 1.1 through 9.6.

10.2. Defendant is an "employer" engaged in an industry affecting commerce with 15 or more employees, within 42 U.S.C. § 2000e(b).

10.3. Defendant's conduct constitutes unlawful discrimination on the basis of [RACE / COLOR / RELIGION / SEX (including SEXUAL ORIENTATION and GENDER IDENTITY per Bostock v. Clayton County, 590 U.S. 644 (2020)) / NATIONAL ORIGIN / PREGNANCY (42 U.S.C. § 2000e(k))] and unlawful retaliation under 42 U.S.C. § 2000e-3(a).

10.4. Plaintiff exhausted Title VII administrative remedies and timely files this action within 90 days of EEOC right-to-sue notice.

11. COUNT V — 42 U.S.C. § 1981 (race) (if applicable)

11.1. Plaintiff incorporates Paragraphs 1.1 through 10.4.

11.2. Defendant intentionally discriminated against Plaintiff in the making, performance, modification, and termination of Plaintiff's employment contract on the basis of race, in violation of 42 U.S.C. § 1981.

11.3. Section 1981 has a four-year limitations period under 28 U.S.C. § 1658 and Jones v. R.R. Donnelley & Sons, 541 U.S. 369 (2004), and requires no administrative exhaustion. Damages under § 1981 are not subject to the Title VII / TCHRA caps.

12. DAMAGES

12.1. Back pay and lost benefits from the date of the adverse employment action through the date of judgment, with prejudgment interest.

12.2. Front pay in lieu of reinstatement where reinstatement is impracticable.

12.3. Compensatory damages for emotional distress, mental anguish, inconvenience, loss of enjoyment of life, and other nonpecuniary losses.

12.4. Punitive damages for Defendant's malicious or reckless indifference to Plaintiff's federally and state-protected rights, pursuant to Tex. Lab. Code § 21.2585 and 42 U.S.C. § 1981a.

12.5. TCHRA cap. The sum of compensatory and punitive damages under Tex. Lab. Code § 21.2585 is limited based on Defendant's number of employees: [$50,000 / $100,000 / $200,000 / $300,000]. Back pay and front pay are not subject to the cap.

12.6. Section 1981 damages are not subject to the cap.

12.7. Attorneys' fees, expert fees, and costs under Tex. Lab. Code § 21.259 and 42 U.S.C. § 2000e-5(k), § 1988.

12.8. Equitable relief, including reinstatement, removal of adverse records, posting, training, and injunctive relief.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment against Defendants, jointly and severally where applicable, awarding:

• A. Back pay, front pay, and lost benefits;
• B. Compensatory and punitive damages within the applicable statutory caps, and uncapped damages under § 1981;
• C. Reasonable attorneys' fees, expert fees, and costs;
• D. Pre-judgment and post-judgment interest at the maximum lawful rate;
• E. Equitable and injunctive relief, including reinstatement and removal of adverse records;
• F. All other relief at law and in equity to which Plaintiff is justly entitled.

14. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Tex. Const. art. I, § 15, Tex. R. Civ. P. 216 [and Fed. R. Civ. P. 38 if filed in federal court], and tenders the jury fee herewith.

15. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this pleading under Tex. R. Civ. P. 63 to assert additional claims, theories, or parties as discovery may warrant.

16. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME]

State Bar No. [####]

[STREET ADDRESS]

[CITY, TEXAS ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

ATTORNEY FOR PLAINTIFF

17. VERIFICATION (optional)

STATE OF TEXAS

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I have read the foregoing Original Petition and that the facts stated therein are true and correct to the best of my personal knowledge.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me on this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Texas

(My Commission Expires: [_______________])

18. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing Original Petition was served on all counsel of record in compliance with Tex. R. Civ. P. 21 and 21a via [e-service through eFileTexas.gov / certified mail, return receipt requested / hand delivery], addressed to:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

19. TEXAS PRACTICE NOTES

• Pleading standard. Texas state courts apply fair-notice pleading under Tex. R. Civ. P. 45 and 47; federal courts apply Twombly/Iqbal plausibility. Where federal counts are asserted in federal court, plead each element with supporting factual content.
• TCHRA damages caps (§ 21.2585) mirror Title VII (42 U.S.C. § 1981a(b)(3)) by employer size: $50K (≤100), $100K (101–200), $200K (201–500), $300K (>500). Back pay and front pay are NOT capped. Section 1981 race claims are NOT capped — strategic value where plaintiff can plead race.
• SB 45 sexual-harassment carve-out (effective 9/1/2021). For sexual-harassment claims only: (a) employer threshold drops to ONE or more employees; (b) charge deadline extends from 180 to 300 days; (c) supervisors and persons "acting directly in the interests of the employer" are individually liable under § 21.141; (d) employers must take "immediate and appropriate corrective action" (heightened from prior "prompt remedial action" standard). HB 21, also effective 9/1/2021, codifies the 300-day deadline. Ensure your charge is captioned and pled to invoke SB 45 explicitly.
• No state SO/GI class. Chapter 21 omits sexual orientation and gender identity. Plead those theories under (i) Title VII per Bostock, and (ii) any applicable municipal ordinance — Austin (Code Ch. 5-3), Dallas (Code Ch. 46), San Antonio (Code Ch. 2, Art. X), Houston (Equal Rights Ordinance — note repealed in 2015; rely on Title VII), Fort Worth, El Paso, and Plano.
• Election of remedies. Filing a TCHRA charge with TWC-CRD that is dual-filed with EEOC preserves both state and federal remedies. Avoid filing duplicative charges with the same agency.
• 60-day filing deadline (§ 21.254) — many Texas appellate decisions hold that suit must be filed AND served within 60 days of the right-to-sue notice. Calendar service deadlines aggressively.
• Two-year outer limit (§ 21.256). Even with timely right-to-sue notice, suit must be filed within two years of the charge filing. Calendar both deadlines.
• Forum selection. TCHRA may be filed in state district court of any county of proper venue. If pleading § 1981 or Title VII, federal court is often preferred for procedural and discovery reasons; concurrent TCHRA jurisdiction is supplemental under 28 U.S.C. § 1367.
• Removal. A TCHRA-only petition is generally non-removable; adding federal counts triggers removability under 28 U.S.C. § 1441. Plaintiffs preferring state court should consider omitting federal counts and relying on Bostock-informed state-law theories where viable.
• Texas Citizens Participation Act (TCPA). TCPA motions to dismiss are generally not viable in employment-discrimination cases since the 2019 amendments excluded most employment claims, but anticipate creative defense use against retaliation claims tied to public communications.
• Service and discovery. Tex. R. Civ. P. 106 governs service. Initial disclosures under Tex. R. Civ. P. 194 are mandatory and automatic without request as of January 1, 2021.

20. SOURCES AND REFERENCES

• Tex. Lab. Code Chapter 21 (Employment Discrimination) — https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm
• Tex. Lab. Code § 21.051 (Discrimination by Employer) — https://texas.public.law/statutes/tex._labor_code_section_21.051
• Tex. Lab. Code § 21.2585 (Compensatory and Punitive Damages) — https://texas.public.law/statutes/tex._labor_code_section_21.2585
• Tex. Lab. Code § 21.254 (Civil Action by Complainant) — https://texas.public.law/statutes/tex._labor_code_section_21.254
• Texas SB 45 (87th Leg., R.S., 2021) — https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB45
• Texas HB 21 (87th Leg., R.S., 2021) — https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB21
• TWC Civil Rights Division — https://www.twc.texas.gov/programs/civil-rights
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Quantum Chemical Corp. v. Toennies, 47 S.W.3d 473 (Tex. 2001) (motivating-factor standard)
• Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (TCHRA framework)
• Prairie View A&M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012) (180-day deadline jurisdictional)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas must review and customize this document before filing. Statutes, deadlines, and damages caps change; verify all authorities against current sources before use.