Chapter 7
TEXAS COMMISSION ON HUMAN RIGHTS ACT
Ogletree, Deakins, Nash, Smoak & stewart, P.C.
Jonathan E. Lass
Summary
- The Texas Commission on Human Rights Act (the Act) creates a state deferral agency empowered to remedy employment discrimination. The Texas Commission on Human Rights (the Commission) may bring a civil action against a respondent if the Commission believes the respondent engaged in an unlawful employment practice.
- In 2003, the Texas Legislature voted to abolish the existing Commission on Human Rights and transfer its power and duties to the Texas Workforce Commission civil rights division. The amendment to the Act will take effect upon certification by the appropriate federal agency and the transfer of related federal funds.
- The primary purpose of the Commission is to provide for the execution of the policies embodied in Title VII of the Civil Rights Act of 1964, as amended (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). The Commission is authorized to investigate and conciliate complaints alleging discrimination and to file civil actions, upon approval of the majority of the Commission.
- The Act applies to employers with 15 or more employees in each of 20 or more calendar weeks. The Act prohibits adverse employment action because of a person's race, color, disability, religion, national origin, age, and sex.
- Claims of discrimination may be defeated if the employment decision involves or is based on one or more of the following: a bona fide occupational qualification; the fact that the employer is a religious institution and requires its employees to be a particular religion; a bona fide seniority or merit system; work locations; age requirements for police and fire fighters; public school affirmative action plan; business necessity; employment of one person in place of another; good faith reliance on Commission Rules; imbalance plans; and/or employment outside of Texas.
- A complainant must file a claim of discrimination with the Commission within 180 days after the incident occurred. Title VII claimants are not required to meet the state filing deadline before the 300-day federal filing period is invoked.
- Title VII and the ADEA have deferral procedures that complainants must follow in states, such as Texas, with agencies empowered to remedy employment discrimination covered by these statutes.1
- A complainant can bring a civil action within 60 days after receiving the Texas Commission's Notice of Right to Sue. The Fifth Circuit has held that the issuance of a right to sue letter by the EEOC does not trigger the running of the 60-day period under the TCHRA. The Houston 14th Court of Appeals has ruled that a notice of right to sue is not required to file suit under the Texas Act. In contrast to Title VII's lack of a true limitation period, any action brought pursuant to the TCHRA must be brought no more than two years after the date of filing of the complaint.