How Do I File a Discrimination Complaint With the EEOC and TWC?

January 7, 2025/0 Comments/in Employment Discrimination/by Amy Carter

So, you’re dealing with workplace discrimination and wondering how to file a complaint? First off, I’m sorry you’re going through this. It’s tough when you feel like your rights at work aren’t being respected. But the good news is that you have options and filing a complaint with the Equal Employment Opportunity Commission (EEOC) and/or the Texas Workforce Commission (TWC) are some ways to take action.

The TWC is a state-level agency that enforces anti-discrimination laws in the workplace. If you work and live in Texas, you can file a complaint with the TWC which handles cases under state law. When you file a complaint with the TWC, your complaint will also be filed with the EEOC. The EEOC simply does the same thing as the TWC on a federal level.

Filing on your own means you have the freedom of many options. If you have the option, we’d recommend you file with the TWC. The EEOC is a federal agency, meaning it handles cases across the country, rather than just the state. Because of this, the TWC can be a faster and smoother process.

Hiring an attorney to walk you through this process can be very beneficial. Attorneys know the ins-and-outs of the system, the quickest and smoothest process to follow for your claims and save you time and frustration in the process. If you are in need of an attorney for employment discrimination, Carter Law Group’s trained and qualified team can help you.

Does My Case Qualify?

Before diving into the process, the first question you might have is whether your situation qualifies as discrimination under the TWC/EEOC’s rules. Not all unfair treatment at work is illegal (though it should be!). The EEOC covers discrimination related to:

Race
Color
National Origin
Religion
Sex (including gender identity, sexual orientation, pregnancy and harassment)
Age (Over 40)
Disability

It also covers unfair treatment like firing and withholding wages as retaliation for previous complaints.

These reasons are also protected under Texas law. If you’ve been fired, demoted, denied a promotion, harassed, or treated unfairly for any of these reasons, you might have a valid discrimination claim.

How Long Do I Have to File a Claim?

Another important thing to know is that there are time limits for filing a complaint. You have 180 days from the last discriminatory act to file a claim with both the EEOC and the TWC. In some circumstances, like sexual harassment cases, you have up to 300 days to file.

Whistleblower complaints are a special case and have to be filed with the Occupational Safety and Health Administration (OSHA) within 30 days of learning about the adverse act. Even if you’re unsure, it’s better to act quickly, because if you miss the deadline, you could lose your right to file a complaint.

What Information Should I Gather?

To file a strong discrimination complaint, you’ll need to gather some basic information. Here’s what to have on hand:

Your personal information (name, address, phone number, etc.)
Your employer’s information (the company name, address, and contact details)
The number of employees at the business
A brief description of the events you believe were discriminatory (include dates, actions taken by your employer, and names of people involved)
Why you believe you were discriminated against (race, sex, retaliation)

Having all this information ready can make the process smoother, but don’t stress if you don’t have everything right away. You can always add more details later.

How Do I File With the TWC?

To file with the TWC, all you need to do is fill out their online employment discrimination inquiry form. You can also submit a complaint via email to EEOintake@twc.texas.gov or send your complaint by postal mail to their address:

Texas Workforce Commission
Civil Rights Division
101 E 15th St, Guadalupe CRD
Austin, TX 78778-0001

Your complaint to the TWC will also be sent to the EEOC. If you are located outside of Texas or have missed the TWC deadline, filing with the EEOC may be your way to go.

How Do I File With the EEOC?

Online

The EEOC has made it pretty easy to start the process online. You can visit the EEOC Public Portal to begin your claim. You’ll need to create an account and provide some basic information about your situation. After that, the EEOC will contact you to set up an interview to discuss your claim further.

In Person

If you prefer to file in person, you can visit one of the EEOC’s field offices. Before heading there, you’ll want to call and make an appointment (although some offices do allow walk-ins). During your visit, you’ll meet with an EEOC representative who will take your complaint and discuss next steps.

By Phone

You can also call the EEOC directly at 1-800-669-4000 to get started. They’ll guide you through the process, ask for information about your claim, and help you decide the best way to move forward.

By Mail

If you’d rather go old school, you can send a written complaint by mail. Make sure to include all the necessary details (personal info, employer info, and a description of what happened). You can find the addresses for EEOC offices on their website.

What Happens After I File?

So, you’ve filed your complaint—what happens next? The process with each entity looks pretty similar. After you submit your charge, the EEOC/TWC will notify your employer that a complaint has been filed. Don’t worry, this doesn’t automatically mean things are going to get nasty. In fact, they will often encourage mediation, which is a way for you and your employer to try and resolve the issue without going to court.

Mediation

If both you and your employer agree to mediation, the EEOC/TWC will arrange for a mediator to help you discuss the issue. The goal is to reach a mutually agreeable solution without further legal action. Mediation is voluntary, confidential, and usually pretty quick.

Investigation

If mediation doesn’t work, or if either party chooses not to participate, the EEOC/TWC will conduct an investigation. This is when the organizations gather evidence, interviews witnesses, and ask both you and your employer for more information. For TWC cases, they will usually collaborate with the EEOC. This process can take a while—sometimes up to several months.

Possible Outcomes of an EEOC Investigation

After the investigation, the EEOC will make a decision. There are a couple possible outcomes:

No Violation Found: If the EEOC does not find enough evidence of discrimination, they’ll give you and your company a notice that they have closed the case called “Dismissal and Notice of Rights”. You will have 90 days to file your own lawsuit.

Violation Found: If the EEOC does find evidence of discrimination, they will try to work with both you and your employer to reach a solution. You could receive money damages, and/or your employer may be required to change company policies, stop unfair practices, or train managers. If a solution is not found, they will consider whether they can take it to court, although lawsuits are pretty rare due to a lack of funds and resources.

Do I Need a Lawyer to File a Complaint?

Technically, no, you do not need a lawyer to file on your own. However, having a lawyer can be helpful, especially if your case goes beyond the EEOC/TWC process and into court. A lawyer can also give you advice on how strong your case is and help gather evidence.

In order to file a lawsuit based on discrimination, though, you will first need to have filed a discrimination complaint and received a Notice of Right to Sue from the EEOC or TWC.

If you believe you’re facing workplace discrimination, it’s important to have experienced legal support on your side. At Carter Law Group, we specialize in employment discrimination cases, ensuring that your rights are protected every step of the way. Don’t go through this process alone—contact us today for a free consultation and let us help you take the next step toward reclaiming your workplace rights.

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