The Texas Commission on Human Rights Act (TCHRA), enacted in 1983, was designed to combat discrimination in workplaces, the TCHRA is a crucial piece of legislation that aligns with federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act.  As always with plaintiffs in Texas, the legislature giveth and the legislature taketh away.  Usually far more of the latter than the former.

Key Provisions of the TCHRA: The Good

Employment Discrimination

At its core, the TCHRA addresses employment discrimination. It applies to employers with 15 or more employees, including state and local governments. The act makes it illegal to discriminate in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

Disability Discrimination

The TCHRA also includes provisions for individuals with disabilities, aligning with the Americans with Disabilities Act. It requires employers to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship to the business.

Retaliation and Harassment

Retaliation against individuals who file discrimination claims, participate in an investigation, or oppose discriminatory practices is prohibited under the TCHRA. Additionally, the act covers harassment on the basis of a protected characteristic, creating a legal obligation for employers to ensure a workplace free from hostile or offensive environments.

Enforcement for Employees

The Texas Workforce Commission Civil Rights Division is responsible for enforcing the TCHRA. Individuals who believe they have been subjected to employment discrimination can file a complaint with this division, triggering an investigation process. If the commission finds evidence of discrimination, it attempts to resolve the issue through mediation or other means. If unresolved, legal action may be pursued.

Key Challenges of the TCHRA: The Bad

Stringent Filing Deadlines

One of the primary challenges for employees under the TCHRA is the stringent deadline for filing discrimination claims. The act requires that complaints be filed within a relatively short period from the alleged act of discrimination. This tight timeline can be a significant hurdle, particularly for those who may not immediately recognize the legal implications of their situation or for whom navigating the legal system is daunting.

Administrative Exhaustion Requirement

Before proceeding to court, employees must first file their discrimination claim with the Texas Workforce Commission Civil Rights Division (TWC-CRD) and allow the agency to investigate. This requirement, known as “administrative exhaustion,” can be time-consuming and may delay the ability to seek immediate redress through the courts. For some employees, this process can be disheartening and may dissuade them from pursuing their claim further.

Limited Damages and Remedies

The TCHRA caps the damages that can be awarded in successful discrimination cases, which can be a deterrent for employees seeking full compensation for their losses. These caps may not always fully cover the losses, especially in cases of severe discrimination or long-term career impacts. This limitation can affect the decision of employees to initiate or continue litigation, knowing the potential limitations on the outcome.

Burden of Proof

Employees bear the burden of proof in discrimination cases under the TCHRA. Proving discrimination can be complex and requires a thorough understanding of legal standards and evidence gathering. Employees without legal representation may find this burden particularly challenging.

Cost of Legal Representation

The cost of legal representation can be prohibitive for many employees. While the TCHRA aims to protect workers’ rights, the reality of legal expenses can be a significant barrier, especially for those with limited financial resources.

TCHRA’s Unintended Consequences:  The Ugly

Discouragement of Claims

The procedural and financial challenges posed by the TCHRA may discourage employees from filing legitimate discrimination claims. This unintended consequence can undermine the very purpose of the Act, which is to provide a remedy for workplace discrimination.

Employer Leverage

In some cases, the complexities and challenges of the TCHRA process can inadvertently provide employers with leverage. Employers with more resources and legal expertise may be better positioned to navigate the TCHRA’s requirements, potentially disadvantaging employees in disputes.

While the Texas Commission on Human Rights Act represents a significant effort to address workplace discrimination, its implementation reveals a more nuanced impact on employees seeking legal recourse. The procedural requirements, limited remedies, and legal complexities can pose significant challenges, sometimes making it difficult for employees to fully exercise their rights under the Act.

Victims of employment discrimination can be entitled to back pay, front pay, liquidated damages, attorney’s fees, and/or job reinstatement. But timing for a discrimination case is critical – a federal worker must generally file a complaint with the EEO office of their agency within 45 days of the discriminatory act and other workers generally have 180 to 300 days. Contact a Dallas, Texas discrimination lawyer at Carter Law Group, to immediately begin building a strong and effective case.

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