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How to File a TWC Complaint in Texas: Step-by-Step Guide

If you’ve experienced workplace discrimination in Texas, filing a complaint with the Texas Workforce Commission (TWC) Civil Rights Division is one option for seeking justice. However, the 180-day TWC deadline is significantly shorter than the 300-day federal EEOC deadline. Understanding both options—and why many workers choose to file with the EEOC instead—is critical to protecting your rights.

This guide walks you through the TWC complaint process, explains the critical deadline differences, and helps you decide whether TWC or EEOC filing is right for your situation.

What Is the Texas Workforce Commission (TWC) Civil Rights Division?

The Texas Workforce Commission Civil Rights Division is the state agency responsible for enforcing Texas’s civil rights laws, primarily the Texas Commission on Human Rights Act (TCHRA). The TWC investigates complaints of discrimination, harassment, and retaliation in employment.

Important reality: Because TCHRA mirrors federal law almost exactly (same protected classes, same damage caps, same standards), filing with TWC offers no strategic advantage over filing with the EEOC. The main difference is the deadline—and TWC’s 180-day deadline is actually SHORTER than the 300-day federal deadline.

Who Can File a TWC Complaint?

You can file a complaint with the TWC Civil Rights Division if you are:

  • A current or former employee who experienced discrimination or harassment
  • A job applicant who was discriminated against during hiring
  • Someone who faced retaliation for reporting violations
  • Someone who witnessed discrimination (third-party complaint)

Employer size requirement: TWC handles complaints against employers with 15 or more employees for most discrimination claims. For harassment claims specifically, employer size doesn’t matter.

What Types of Claims Can You File?

The TWC handles complaints related to violations of TCHRA, including:

  • Discrimination based on race, color, religion, sex, national origin, age (40+), or disability
  • Harassment creating a hostile work environment
  • Retaliation for reporting violations or participating in investigations
  • Failure to accommodate disabilities or religious practices

Critical limitation: TCHRA does NOT explicitly protect sexual orientation or gender identity. If you’re LGBTQ+ and face discrimination, file with the EEOC for federal Title VII protection under Bostock v. Clayton County.

Critical Deadline: 180 Days (SHORTER Than Federal!)

You have just 180 days from the discriminatory act to file with TWC. This is 120 days shorter than the 300-day federal EEOC deadline.

Why this matters:

  • If you file on day 181, TWC cannot help you
  • The 180-day deadline is strictly enforced
  • You permanently lose your state-law claim if you miss it
  • However, you can still file with the EEOC up to 300 days after discrimination

Common mistake: Many workers assume state deadlines are longer than federal deadlines (as in California or New York, which give you 3 years). In Texas, the opposite is true. The state deadline is SHORTER.

Recommendation: File with the EEOC within 300 days to preserve the longer deadline. The EEOC typically cross-files with TWC automatically (called “dual filing”), protecting both your state and federal claims.

TWC vs. EEOC: Which Should You File With?

Most Texas workers should file with the EEOC rather than TWC. Here’s why:

Feature TWC (Texas State) EEOC (Federal)
Filing Deadline 180 days (SHORTER) 300 days (LONGER)
Protected Classes Same as federal (no sexual orientation/gender identity in statute) Same, PLUS explicit Bostock protection for LGBTQ+
Damages Capped $50K-$300K (same as federal) Capped $50K-$300K
Substantive Protections Mirrors federal law exactly Federal Title VII/ADA/ADEA
Cross-Filing Often automatic when you file with EEOC Often automatic when you file with TWC

Bottom line: Filing with the EEOC gives you:

  • 120 extra days to file (300 vs 180)
  • Explicit Bostock protection for LGBTQ+ workers
  • More resources and experience with complex cases
  • Same substantive protections as TWC
  • Automatic cross-filing typically preserves both claims

When you might file with TWC:

  • You’re within 180 days and prefer a Texas-based agency
  • You want local investigators familiar with Texas employers
  • You understand that EEOC cross-filing will likely happen anyway

When you MUST file with EEOC (not just TWC):

  • You’re LGBTQ+ and need explicit Bostock protection
  • You’re past the 180-day TWC deadline but within 300 days
  • You want the longer deadline to preserve evidence

Step-by-Step: How to File a TWC Complaint

Step 1: Calculate Your Deadline

Critical first step: Determine when the discriminatory act occurred. Count 180 days from that date. That’s your TWC deadline.

If you’re approaching or past 180 days, file with the EEOC instead (you have 300 days for federal claims).

Step 2: Gather Your Documentation

Before filing, collect evidence:

  • Dates and times of discriminatory incidents
  • Names of witnesses who saw or heard what happened
  • Emails, texts, or documents showing discriminatory treatment
  • Performance reviews demonstrating your work quality
  • Employer policies from your employee handbook
  • Medical records (if relevant to disability or stress claims)
  • Payroll records showing pay disparities or lost wages

You don’t need perfect documentation to file, but more evidence strengthens your case.

Step 3: File Your Complaint

You have three options for filing with TWC:

Option 1: File Online (Recommended)

Visit the TWC Civil Rights Division website at TWC.texas.gov/civil-rights and complete the online complaint form. You’ll need:

  • Your personal information and contact details
  • Your employer’s name, address, and approximate number of employees
  • Description of the discrimination or harassment
  • Dates when incidents occurred
  • Names of witnesses

You’ll receive a complaint number and confirmation.

Option 2: File by Mail

Download the complaint form from the TWC website, complete it, and mail to:

Texas Workforce Commission
Civil Rights Division
101 E. 15th Street, Room 144-T
Austin, TX 78778-0001

Keep copies of everything you send. Consider using certified mail for proof of delivery.

Option 3: File by Phone

Call TWC Civil Rights Division: 1-888-452-4778 (toll-free)

A TWC representative will help you file your complaint over the phone.

Step 4: TWC Reviews Your Complaint

Once you file:

  1. TWC reviews your complaint to determine if it falls within their jurisdiction
  2. TWC notifies your employer and requests their response
  3. TWC may investigate by interviewing witnesses and reviewing documents
  4. TWC may offer mediation (voluntary settlement process)

You must cooperate fully with the investigation. Respond promptly to all TWC requests for information.

Step 5: Investigation and Findings

After investigating (typically 6-12 months), TWC will issue findings:

Finding of Reasonable Cause: TWC found evidence supporting your claim. They may:

  • Attempt to negotiate settlement with your employer
  • Issue a right-to-sue notice so you can file a lawsuit

Finding of No Reasonable Cause: TWC determined insufficient evidence. You’ll receive a right-to-sue notice allowing you to pursue a lawsuit on your own.

Step 6: Right-to-Sue Notice

A right-to-sue notice is a letter stating you can now file a lawsuit in court. You’ll receive this either:

  • After TWC completes its investigation
  • If you request an immediate right-to-sue
  • If TWC closes your case administratively

Critical: You have 60 days from the date of the TWC right-to-sue notice to file a lawsuit in Texas state court. This deadline is shorter than the 90-day federal EEOC deadline.

Step 7: File a Lawsuit (If Necessary)

With your right-to-sue notice, you can hire an employment attorney and file a lawsuit in Texas state court. Your attorney can seek:

  • Back pay and front pay for lost wages
  • Compensatory damages for emotional distress (capped at $50K-$300K)
  • Punitive damages if your employer acted maliciously (capped at $50K-$300K)
  • Attorney’s fees and court costs
  • Injunctive relief (policy changes)

Automatic Dual-Filing: TWC and EEOC

When you file with TWC, your complaint is often automatically cross-filed with the federal EEOC. This is called “dual filing” and protects both your state and federal claims.

How it works:

  • TWC and EEOC have a work-sharing agreement
  • Filing with one agency typically triggers automatic cross-filing with the other
  • You receive protection under both TCHRA and federal Title VII/ADA/ADEA
  • You don’t need to file separately with each agency (in most cases)

Important: Confirm that dual-filing happened. Ask your TWC intake specialist to verify your complaint was cross-filed with the EEOC.

Why this matters: If dual-filing happens, you preserve claims under both state and federal law even if you miss one agency’s deadline.

Can You Request an Immediate Right-to-Sue Notice?

Yes. If you don’t want to wait for TWC’s investigation, you can request an immediate right-to-sue notice. This allows you to proceed directly to filing a lawsuit.

You might choose this option if:

  • You have strong evidence and want to control the litigation
  • You’ve hired an attorney who’s ready to file
  • TWC’s investigation is taking too long
  • You need to meet other legal deadlines

How to request: Contact TWC Civil Rights Division and request an immediate right-to-sue notice. TWC will issue it within a few weeks.

Important: Requesting immediate right-to-sue ends the TWC investigation. You cannot change your mind later and ask TWC to resume investigating.

Retaliation Is Illegal

Your employer cannot retaliate against you for filing a TWC complaint. Retaliation includes:

  • Firing you after you file
  • Demoting or reducing your pay
  • Giving you poor performance reviews
  • Creating a hostile work environment
  • Excluding you from workplace activities

If your employer retaliates, file an additional complaint with TWC for retaliation. Retaliation claims often result in significant damages because courts take them seriously.

Do You Need a Lawyer to File with TWC?

No, you do not need an attorney to file a TWC complaint. The process is designed for individuals to file on their own, and TWC provides assistance.

However, hiring an employment attorney can be beneficial:

  • They can help you gather stronger evidence before filing
  • They can advise on whether TWC or EEOC filing is better for your case
  • They can negotiate better settlements if mediation is offered
  • They can file a lawsuit on your behalf after you receive a right-to-sue notice

Many employment attorneys offer free consultations and work on contingency (they only get paid if you win).

Frequently Asked Questions

How long do I have to file a TWC complaint?

You have 180 days from the discriminatory act to file with TWC. This is SHORTER than the 300-day EEOC deadline. If you’re past 180 days, file with the EEOC instead.

Should I file with TWC or the EEOC?

For most workers, filing with the EEOC is preferable because of the longer 300-day deadline. The EEOC typically cross-files with TWC automatically, preserving both claims. LGBTQ+ workers MUST file with the EEOC for Bostock protection, as Texas state law doesn’t explicitly protect sexual orientation or gender identity.

What happens if I miss the 180-day TWC deadline?

You lose your state-law claim under TCHRA. However, you can still file with the EEOC up to 300 days after the discrimination. Because TCHRA and federal law are nearly identical, you haven’t lost meaningful protection—federal law provides the same remedies.

Can I file while still employed?

Yes. You can file a TWC complaint while still working for your employer. Texas law prohibits retaliation for filing. If your employer retaliates, you can file an additional complaint.

What if my employer has fewer than 15 employees?

TWC and EEOC only cover employers with 15 or more employees for most discrimination claims. If your employer is smaller, you have no discrimination protection under TCHRA or federal law. Unlike California (5+ employees) or New York (4+ employees), Texas provides no state-level protection for workers at small businesses.

Related Topics

Take Action: File Your Complaint

If you’ve experienced workplace discrimination in Texas:

  1. Calculate your deadline – 180 days for TWC, 300 days for EEOC
  2. Consider filing with the EEOC – Longer deadline, same substantive protections
  3. Gather documentation – Collect evidence before filing
  4. File promptly – Don’t wait until the deadline approaches
  5. Consult an attorney – Get expert advice on your case

Recommendation: For most workers, filing with the EEOC at EEOC.gov is the better choice due to the 300-day deadline and automatic cross-filing with TWC.

Legal Disclaimer

This article provides general information about filing TWC complaints in Texas and is not legal advice. Employment law cases are fact-specific, and outcomes depend on individual circumstances. For advice about your specific situation, consult a qualified Texas employment attorney. Nothing in this article creates an attorney-client relationship.

Laws, procedures, and agency practices change. This information is current as of the last updated date shown above. Always verify current requirements with TWC or a qualified attorney.

Tags: Employment Law Aid, Texas, TWC, Filing Complaint, TCHRA, Civil Rights