Filing the Complaint
Individuals in Texas who feel that they have been victims of workplace discrimination
have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC). The complaint, known as a Charge of Discrimination, may allege discrimination based on any of the protected classes, including race, color, national origin, age, pregnancy, gender/sex, genetic information, or disability. The complaint could also be in response to retaliatory discrimination from an employer or manager.
After filing the complaint, either the EEOC or the TWC (typically only one organization handles the case even if you file with both) will attempt to settle the issue through mediation. Both the complainant and the respondent must agree to the voluntary process.
If a resolution is not reached during mediation, then an investigator will be assigned to the case. The investigator will interview potential witnesses, the complainant, the respondent, and other employees as well as gathering additional evidence.
If the investigation does yield evidence of discrimination, the complainant has a right to sue. The EEOC will usually look to settle the dispute out of court, but if a settlement cannot be reached then the case may go to trial.
It is highly advisable that anyone thinking about filing a discrimination complaint consult an employment attorney before doing so. Having an attorney to back you up before beginning this process will greatly increase your position.
Atkerson Law – Dallas employment lawyer