Texas Workforce Commission Civil Rights Division (TWC-CRD) Employment Discrimination Charge

CHARGE OF DISCRIMINATION — TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION (TWC-CRD)

1. AGENCY HEADER

TEXAS WORKFORCE COMMISSION

CIVIL RIGHTS DIVISION

101 East 15th Street, Guadalupe CRD

Austin, Texas 78778-0001

Phone: (512) 463-2642 | Toll-Free: (888) 452-4778

Email: [email protected]

Web: https://www.twc.texas.gov/programs/civil-rights

☐ This charge is also to be cross-filed with the U.S. Equal Employment Opportunity Commission (EEOC) pursuant to the EEOC–TWC Worksharing Agreement.

TWC Charge No.: [________] (assigned by TWC-CRD)

EEOC Charge No.: [________] (assigned by EEOC)

2. COMPLAINANT (CHARGING PARTY) INFORMATION

3. RESPONDENT (EMPLOYER) INFORMATION

4. PROTECTED BASIS — CHECK ALL THAT APPLY

☐ Race (Tex. Lab. Code § 21.051; Title VII; 42 U.S.C. § 1981)

☐ Color (§ 21.051; Title VII)

☐ National Origin (§ 21.051; Title VII)

☐ Sex (§ 21.051; Title VII) — including:

☐ Pregnancy (§ 21.106; 42 U.S.C. § 2000e(k))

☐ Sexual Orientation (Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020))

☐ Gender Identity (Title VII per Bostock)

☐ Religion (§ 21.051; Title VII)

☐ Disability (§ 21.051; ADA)

☐ Age 40+ (§ 21.051; ADEA)

☐ Genetic Information (§ 21.4031; GINA)

☐ Retaliation (Tex. Lab. Code § 21.055; 42 U.S.C. § 2000e-3)

☐ Sexual Harassment (Tex. Lab. Code §§ 21.141–21.142, as amended by SB 45)

5. DATES OF DISCRIMINATION

FILING DEADLINE CONFIRMATION:

☐ This charge is filed within 180 days of the most recent discriminatory act, as required by Tex. Lab. Code § 21.202.

☐ This charge alleges sexual harassment and is filed within 300 days of the most recent act, as authorized by Tex. Lab. Code § 21.202 (as amended by S.B. 45, 87th Leg., R.S., effective September 1, 2021).

☐ This charge is filed within 300 days for purposes of cross-filing with EEOC under 42 U.S.C. § 2000e-5(e)(1) (Texas being a deferral state).

6. PARTICULARS — STATEMENT OF FACTS

I. Jurisdictional Facts

6.1. I, [COMPLAINANT NAME], am a [RACE / NATIONAL ORIGIN / AGE / SEX / etc.] individual and a member of the protected class(es) checked in Section 4 above.

6.2. Respondent [EMPLOYER] 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], and 42 U.S.C. § 2000e(b).

6.3. I worked for Respondent as a [JOB TITLE] from [START] to [END / present].

II. Personal Background

6.4. Throughout my employment, I performed my duties at or above Respondent's legitimate expectations, as documented by [performance reviews / commendations / metrics].

III. Discriminatory Acts

6.5. [INCIDENT 1 — date, actor, what was said/done, witnesses, my response].

6.6. [INCIDENT 2 — date, actor, what was said/done, witnesses, my response].

6.7. [INCIDENT 3 — date, actor, what was said/done, witnesses, my response].

6.8. On [DATE], Respondent took the following adverse action against me: [TERMINATION / DEMOTION / FAILURE TO PROMOTE / DISCIPLINE / DENIAL OF ACCOMMODATION / CONSTRUCTIVE DISCHARGE].

6.9. The reason Respondent gave was [STATED REASON], which I believe is false and a pretext for discrimination because [FACTUAL BASIS — shifting explanations / inconsistent enforcement / temporal proximity / direct evidence].

IV. Comparators / Similarly Situated Employees

6.10. The following similarly situated employees outside my protected class(es) were treated more favorably under similar circumstances: [NAME, position, treatment].

V. Protected Activity and Retaliation (if applicable)

6.11. On [DATE], I engaged in protected activity by [reporting the conduct to HR / filing an internal complaint / requesting accommodation / participating in an investigation / opposing the practice].

6.12. Within [NUMBER] days of my protected activity, Respondent [RETALIATORY ACT], demonstrating a causal connection between my protected activity and the adverse action.

VI. Sexual Harassment (if applicable)

6.13. [NAME OF HARASSER, TITLE] subjected me to unwelcome conduct of a sexual nature, including: [SPECIFIC CONDUCT — comments, physical contact, propositions, displays, dates, witnesses]. The conduct was severe or pervasive and altered the terms and conditions of my employment.

6.14. I reported the harassment to [HR / SUPERVISOR] on [DATE]. Respondent failed to take "immediate and appropriate corrective action" as required by Tex. Lab. Code § 21.142, in that [DESCRIBE INACTION OR INADEQUATE RESPONSE].

7. RELIEF REQUESTED

I request that TWC-CRD investigate and obtain the following relief on my behalf:

☐ Reinstatement to my position with full seniority

☐ Back pay and lost benefits

☐ Front pay where reinstatement is impracticable

☐ Compensatory damages for emotional distress and mental anguish

☐ Punitive damages

☐ Reasonable accommodation (ADA / religious)

☐ Removal of adverse documentation from personnel file

☐ Posting and training requirements at the workplace

☐ Reasonable attorneys' fees and costs

☐ Issuance of a Notice of Right to File a Civil Action under Tex. Lab. Code § 21.252 if no resolution is reached

8. DUAL FILING / WORKSHARING ELECTION

☐ I want this charge filed with both the TWC-CRD and the EEOC. I authorize cross-filing under the EEOC–TWC Worksharing Agreement. I understand that the agency that does not retain the charge for investigation will hold it in suspense.

☐ I want this charge filed only with TWC-CRD.

☐ I want this charge filed only with EEOC.

9. VERIFICATION (REQUIRED — Tex. Lab. Code § 21.201(c))

I declare under penalty of perjury under the laws of the State of Texas and the United States that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], [COUNTY] County, Texas.

[________________________________]

[COMPLAINANT FULL LEGAL NAME]

STATE OF TEXAS

COUNTY OF [COUNTY]

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

[________________________________]

Notary Public, State of Texas

(My Commission Expires: [_______________])

10. REPRESENTATION (if represented by counsel)

11. FILING TRANSMITTAL

TO: Texas Workforce Commission, Civil Rights Division, 101 East 15th Street, Guadalupe CRD, Austin, Texas 78778-0001

ALSO TO (if dual-filed): U.S. Equal Employment Opportunity Commission, [Dallas District Office: 207 S. Houston St., 3rd Fl., Dallas, TX 75202 / Houston District Office: Mickey Leland Federal Bldg., 1919 Smith St., 6th Fl., Houston, TX 77002 / San Antonio Field Office]

METHOD OF DELIVERY:

☐ Online intake — twc.texas.gov/programs/civil-rights

☐ Email — [email protected]

☐ Certified mail, return receipt requested (recommended for proof of timely filing)

☐ Hand delivery

☐ EEOC Public Portal (publicportal.eeoc.gov) — for Title VII / ADA / ADEA / GINA cross-file

ENCLOSURES:

☐ Verified narrative (this Charge)

☐ Documentary evidence — performance reviews, emails, text messages, policy excerpts, comparator data

☐ Witness list with contact information

☐ Medical / accommodation documentation (ADA charges)

☐ Charge of Discrimination — EEOC Form 5 (if filed concurrently)

12. TEXAS PRACTICE NOTES

• Filing deadlines are jurisdictional in Texas. Prairie View A&M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012), holds that the TCHRA's 180-day deadline is mandatory and jurisdictional. Calendar deadlines from the date of EACH discrete adverse act; Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002), governs continuing-violation analysis for hostile-environment claims.
• SB 45 sexual-harassment expansion (effective 9/1/2021). For SH claims based on conduct occurring on or after 9/1/2021: (a) "employer" includes any person with one or more employees; (b) charge deadline is 300 days under Tex. Lab. Code § 21.202; (c) supervisors and persons "acting directly in the interests of the employer" face individual liability under § 21.141; (d) standard for employer response heightened to "immediate and appropriate corrective action." Pre-9/1/2021 conduct remains under the prior 180-day, 15-employee, "prompt remedial action" regime.
• Worksharing. TWC-CRD and EEOC operate under a Worksharing Agreement. A charge filed with one is deemed dual-filed with the other if requested. The agency that retains the charge investigates; the other holds in suspense and may issue independent findings on its own statutes.
• 180-day investigation period. Under Tex. Lab. Code § 21.252, the complainant may not file suit until TWC-CRD has had at least 180 days to investigate. After 180 days, complainant may request a Notice of Right to File a Civil Action.
• 60-day suit deadline. Once the right-to-sue notice issues, the complainant has 60 days to file (and serve) suit under Tex. Lab. Code § 21.254. The two-year outer limit under § 21.256 also applies.
• Mediation. TWC-CRD frequently offers mediation. Mediation is voluntary, confidential, and does not toll the 180-day investigation period unless the parties so agree in writing.
• No state SO/GI class. Sexual orientation and gender identity claims must be cross-filed with EEOC and pled under Title VII (per Bostock); also consider local ordinances in Austin, Dallas, San Antonio, Fort Worth, El Paso, and Plano.
• Damages caps preview. Anticipate the Tex. Lab. Code § 21.2585 caps in litigation strategy: $50K (≤100 employees) up to $300K (>500). Section 1981 race claims (filed in court) are not capped — preserve race claims where supported.
• ADA accommodation charges. Plead the disability, the request for accommodation, the interactive-process steps, and Respondent's failure. Attach medical documentation under separate cover marked "Confidential — Medical."
• Constructive discharge. Plead that conditions were so objectively intolerable that a reasonable person would have resigned (Penn. State Police v. Suders, 542 U.S. 129 (2004); Baylor Univ. v. Coley, 221 S.W.3d 599 (Tex. 2007)).

13. SOURCES AND REFERENCES

• TWC Civil Rights Division — https://www.twc.texas.gov/programs/civil-rights
• TWC-CRD Rules — 40 Tex. Admin. Code Ch. 819 — https://www.twc.texas.gov/sites/default/files/ogc/docs/rules-chapter-819-civil-rights-division-twc.pdf
• Tex. Lab. Code Chapter 21 — https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm
• Tex. Lab. Code § 21.051 — https://texas.public.law/statutes/tex._labor_code_section_21.051
• Tex. Lab. Code § 21.202 (180/300-day deadline) — https://texas.public.law/statutes/tex._labor_code_section_21.202
• Tex. Lab. Code § 21.252 (Notice of Right to File Civil Action) — https://texas.public.law/statutes/tex._labor_code_section_21.252
• Tex. Lab. Code § 21.254 (Civil Action by Complainant) — https://texas.public.law/statutes/tex._labor_code_section_21.254
• Tex. Lab. Code § 21.2585 (Damages caps) — https://texas.public.law/statutes/tex._labor_code_section_21.2585
• 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
• EEOC Public Portal — https://publicportal.eeoc.gov
• EEOC–TWC Worksharing Agreement (on file with TWC-CRD)
• Prairie View A&M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012)
• Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas should review the charge before submission. Filing deadlines are strict and may be jurisdictional — verify all dates and authorities against current sources.