Free Evaluation
Free Evaluation

TCHRA vs Title VII in Texas: Which Law Protects You Better?

If you experienced workplace discrimination in Texas, you have two main legal options: file under the Texas Commission on Human Rights Act (TCHRA) or federal Title VII of the Civil Rights Act. The honest truth: TCHRA mirrors federal law rather than expanding it. Unlike California or New York, Texas offers no broader state-level protections. In most cases, federal and state law give you the exact same rights.

This guide explains the key similarities between TCHRA and Title VII, where they differ, and why the 180-day TWC deadline is actually shorter and more urgent than the federal deadline.

Quick Answer: TCHRA Mirrors Federal Law (No Extra Protections)

TCHRA (Texas law) provides essentially identical protection to Title VII:

  • Same employer size requirement (15+ employees)
  • Same protected classes (no broader categories)
  • Same damage caps ($50,000-$300,000)
  • No individual liability for supervisors (unlike California or New York)
  • Shorter filing deadline (180 days TWC vs 300 days EEOC – critical!)

Unlike California’s FEHA or New York’s NYSHRL, which expand protections beyond federal law, TCHRA is designed to mirror federal standards. The main difference is the 180-day TWC deadline, which is actually shorter than federal law and requires urgent action.

Side-by-Side Comparison: TCHRA vs Title VII

Feature TCHRA (Texas) Title VII (Federal)
Employer Size 15 or more employees 15 or more employees
Protected Classes 7 categories: race, color, religion, sex, national origin, age 40+, disability 7 categories: race, color, religion, sex, national origin, age 40+, disability
Filing Deadline 180 days with TWC 300 days with EEOC (in deferral states like Texas)
Damages Capped at $50K-$300K Capped at $50K-$300K
Individual Liability No – only employer liable No – only employer liable
Enforcing Agency TWC Civil Rights Division EEOC
Sexual Orientation/Gender Identity Not explicitly protected by state statute Protected via Bostock v. Clayton County (2020)
Punitive Damages Available with caps Available with caps
Court Interpretation Follows federal standards closely Standard federal framework

Why This Matters: Texas Doesn’t Offer State Law Advantages

Many workers are surprised to learn that Texas state law provides no strategic advantage over federal law. Here’s what this means:

1. Same Employer Size Threshold

TCHRA: Covers employers with 15 or more employees.

Title VII: Covers employers with 15 or more employees.

Why This Matters: Unlike California (5+ employees) or New York (4+ employees), Texas doesn’t provide protection for workers at smaller companies. If your employer has 6-14 employees and discriminates against you, neither TCHRA nor Title VII protects you.

Example: Maria works at a family restaurant in Dallas with 10 employees. Her boss fires her when she announces her pregnancy. She cannot file under TCHRA (requires 15+ employees) or Title VII (also requires 15+). Unlike California workers at 5+ employee companies, Maria has no legal remedy.

2. Identical Protected Classes

TCHRA protects:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy)
  • National origin
  • Age (40 and older)
  • Disability

Title VII protects:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy and gender identity per Bostock)
  • National origin
  • Age (40 and older via ADEA)
  • Disability (via ADA)

Why This Matters: Texas state law doesn’t protect additional categories like marital status, political affiliation, sexual orientation, or gender identity. The only reason LGBTQ+ workers have protection in Texas is the 2020 U.S. Supreme Court’s Bostock decision interpreting federal Title VII. State law offers no help.

Example: David’s supervisor in Houston constantly mocks his political views and passes him over for promotion because of his conservative activism. Unlike California (where political affiliation is protected), David has no discrimination claim under TCHRA or federal law. Political views aren’t protected in Texas.

3. The Critical 180-Day TWC Deadline (SHORTER Than Federal!)

TCHRA: You have 180 days to file a complaint with the Texas Workforce Commission (TWC) Civil Rights Division.

Title VII: You have 300 days (in Texas and other “deferral states”) to file with the EEOC.

Why This Matters: This is the most important difference, and it works against Texas workers. The TWC deadline is 120 days shorter than the federal deadline. If you miss the 180-day TWC deadline but file within 300 days with the EEOC, you preserve your federal claim but lose your state claim (though they’re essentially identical anyway).

Strategic Recommendation: File with the EEOC, which typically cross-files with TWC automatically. This protects both claims while giving you the longer 300-day window.

Example: Jennifer was fired in January 2024. She didn’t realize her termination was discriminatory until August 2024 (day 215). She can file under Title VII with the EEOC (within 300 days) but has missed the TCHRA deadline (180 days expired in July). Because the laws are identical, she hasn’t lost anything meaningful—federal law gives her the same protections.

4. Same Damage Caps (No Unlimited Damages Like California)

TCHRA: Compensatory and punitive damages are capped based on employer size:

  • 15-100 employees: $50,000 cap
  • 101-200 employees: $100,000 cap
  • 201-500 employees: $200,000 cap
  • 501+ employees: $300,000 cap

Title VII: Identical caps.

Why This Matters: Unlike California (unlimited damages under FEHA) or New York (uncapped damages under NYSHRL), Texas caps your recovery at $300,000 maximum for compensatory and punitive damages combined. Back pay and front pay are not capped, but emotional distress and punitive damages face strict limits.

Example: Sarah won a jury verdict for severe racial harassment and wrongful termination: $1.8 million in emotional distress damages plus $2 million in punitive damages. Her employer has 600 employees. In California, she’d receive the full $3.8 million. In Texas, her compensatory and punitive damages are capped at $300,000, reducing her recovery by $3.5 million.

5. No Individual Liability for Supervisors

TCHRA: Individual supervisors, managers, and co-workers cannot be held personally liable. Only the employer organization can be sued.

Title VII: Same—only the employer can be sued.

Why This Matters: Unlike California and New York (which allow personal liability claims against individual harassers and discriminators), Texas law only targets the employer organization. If your supervisor personally harassed or discriminated against you, you cannot sue them individually for damages.

Example: Marcus experienced severe sexual orientation harassment from his direct supervisor at a Houston tech company. The supervisor made offensive comments daily and created a hostile work environment. In California, Marcus could sue both the company and the supervisor personally. In Texas, he can only sue the company. The supervisor faces no personal financial liability under TCHRA or Title VII.

How Texas Compares to California and New York

To understand Texas’s employer-friendly approach, consider how it compares to worker-friendly states:

Feature Texas (TCHRA) California (FEHA) New York (NYSHRL)
Employer Size 15+ employees 5+ employees 4+ employees
Filing Deadline 180 days 3 years 3 years
Damages Capped $50K-$300K Unlimited Unlimited
Individual Liability No Yes Yes
Protected Classes 7 (same as federal) 19+ 15+
Sexual Orientation/Gender Identity Only via federal Bostock Explicitly protected by state law Explicitly protected by state law

Bottom Line: If you face discrimination in Texas, you’re essentially relying on federal protections. TCHRA adds nothing meaningful beyond what Title VII already provides.

When to File with TWC vs EEOC

Given that TCHRA mirrors Title VII, which agency should you file with?

File with the EEOC (Recommended for Most Workers)

Advantages:

  • Longer 300-day deadline (vs 180 days for TWC)
  • Automatic cross-filing typically preserves both claims
  • Same substantive protections as TCHRA
  • More resources and experience with complex cases
  • Federal court access (sometimes faster)

How to File: Visit EEOC.gov to file online or schedule an intake interview.

File with TWC (Alternative, But Watch the Deadline)

Advantages:

  • Texas-based investigators familiar with local employers
  • May be faster for simple cases
  • Automatic cross-filing with EEOC in most cases

Disadvantages:

  • Much shorter 180-day deadline
  • Same substantive protections as federal law (no advantage)

How to File: Visit TWC.texas.gov/civil-rights to file online or by mail.

Dual Filing (Best of Both Worlds)

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

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

Real-World Examples: How TCHRA and Title VII Work the Same

Example 1: Age Discrimination

Scenario: James, 58, works as a software engineer at an Austin startup. During a layoff, the company terminates all employees over 50 but keeps younger workers with less experience. The CEO says they want to “build a younger, hungrier culture.”

TCHRA Analysis: Age discrimination under TCHRA. Workers age 40+ are protected. Direct evidence (CEO’s statement) supports the claim. Damages capped at $300K.

Title VII Analysis: Age discrimination under ADEA (federal age discrimination law). Same protections, same damage caps, same legal standards.

Outcome: Filing under TCHRA vs Title VII makes no practical difference. Federal law provides identical protection.

Example 2: Pregnancy Discrimination

Scenario: Linda works at a San Antonio law firm. When she tells her supervisor she’s pregnant, he reassigns her clients to male colleagues and stops inviting her to business development meetings. He says, “You’ll be leaving soon anyway.”

TCHRA Analysis: Sex discrimination under TCHRA. Pregnancy discrimination is a form of sex discrimination. Employer cannot assume pregnant employees are less committed.

Title VII Analysis: Sex discrimination under Title VII. Identical legal standards and remedies.

Outcome: No strategic advantage to filing under TCHRA. Federal law provides the same protection.

Example 3: Religious Discrimination

Scenario: Maria, a devout Muslim, works at a retail store in Dallas. She requests accommodation to wear her hijab at work. Her manager refuses, saying it violates the dress code. Maria is fired when she wears it anyway.

TCHRA Analysis: Religious discrimination. Employers must reasonably accommodate sincerely held religious beliefs unless it causes undue hardship.

Title VII Analysis: Identical analysis. Same legal standard for religious accommodation.

Outcome: TCHRA and Title VII provide identical protections.

Example 4: Sexual Orientation Discrimination (Federal Protection Only!)

Scenario: David is fired from his Houston accounting job after his employer learns he’s gay. His boss says, “We can’t have people like you representing our company.”

TCHRA Analysis: No explicit protection under Texas state statute. Sexual orientation is not listed as a protected class in TCHRA.

Title VII Analysis: Protected under federal law following the U.S. Supreme Court’s Bostock v. Clayton County (2020) decision. The Court held that discrimination based on sexual orientation or gender identity is a form of sex discrimination prohibited by Title VII.

Outcome: David must file with the EEOC for federal protection. Texas state law offers no help. This is why filing with the EEOC is often preferable—federal courts have confirmed LGBTQ+ protections that Texas hasn’t explicitly adopted in state statute.

What TCHRA Doesn’t Cover (And Federal Law Doesn’t Either)

Texas state law has significant gaps, and federal law doesn’t fill them:

Small Employers (Fewer Than 15 Employees)

TCHRA and Title VII only apply to employers with 15 or more employees. If you work for a smaller employer, you have no discrimination protection under either law.

No state-law alternative: Unlike California (5+ employees) or New York (4+ employees), Texas provides no protection for workers at small businesses.

Marital Status, Political Affiliation, Other Traits

Some states protect additional characteristics beyond federal minimums. Texas does not. These are not protected under TCHRA or Title VII:

  • Marital status
  • Political beliefs or affiliation
  • Status as a domestic violence victim
  • Genetic information (except under separate federal GINA law)
  • Criminal history or arrest records

No Broader Remedies or Procedures

Texas law doesn’t offer:

  • Unlimited damages (capped like federal law)
  • Individual liability for supervisors (not available)
  • Longer filing deadlines (actually shorter!)
  • Broader protected classes (identical to federal)

What to Do If You Face Discrimination in Texas

Step 1: Document Everything

Keep records of:

  • Discriminatory comments (write down who said what, when, and where)
  • Emails, texts, or messages showing bias
  • Performance reviews, especially if they suddenly turn negative
  • Witness names who saw or heard discriminatory conduct
  • Timeline of events

Step 2: Calculate Your Deadline

Critical: You have 180 days from the discriminatory act to file with TWC, or 300 days to file with the EEOC.

Mark your calendar. Missing the deadline permanently bars your claim. When in doubt, file with the EEOC for the longer deadline.

Step 3: File with the EEOC (Recommended)

Visit EEOC.gov to:

  • File online through the EEOC Public Portal
  • Schedule an intake interview
  • Request dual filing with TWC

Filing with the EEOC protects your federal claim and typically cross-files with TWC automatically.

Step 4: Consider Legal Representation

Discrimination cases are complex. An experienced employment attorney can:

  • Evaluate the strength of your claim
  • Navigate the TWC/EEOC process
  • Negotiate a settlement
  • Represent you in court if necessary

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

Step 5: Wait for a “Right to Sue” Letter

After TWC or the EEOC investigates, they’ll issue findings. If they don’t resolve your case, they’ll give you a “right to sue” letter. You then have 90 days to file a lawsuit in court.

Frequently Asked Questions

Does TCHRA provide any advantage over Title VII?

No. TCHRA mirrors federal law in almost every respect. The only significant difference is the 180-day filing deadline with TWC, which is actually shorter than the 300-day federal deadline. For most workers, filing with the EEOC is the better choice.

Why doesn’t Texas protect LGBTQ+ workers under state law?

Texas has not added sexual orientation or gender identity to TCHRA’s list of protected classes. The only reason LGBTQ+ workers have protection in Texas is the U.S. Supreme Court’s 2020 Bostock decision interpreting federal Title VII. This protection comes from federal courts, not Texas state law.

Can I sue my supervisor personally in Texas?

No. Under both TCHRA and Title VII, you can only sue the employer organization. Individual supervisors cannot be held personally liable for discrimination or harassment in Texas (unlike California or New York).

How long do I have to file a discrimination complaint in Texas?

You have 180 days to file with the Texas Workforce Commission (TWC) or 300 days to file with the EEOC. The EEOC deadline is longer and generally recommended. Missing these deadlines permanently bars your claim.

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. Because TCHRA and Title VII are identical, you lose nothing by filing federally.

What if my employer has 10 employees?

Neither TCHRA nor Title VII covers employers with fewer than 15 employees. Unlike California (5+) or New York (4+), Texas provides no state-law protection for workers at small businesses. You would have no discrimination remedy under Texas or federal law.

Related Topics

Take Action: Know Your Rights Under Texas Law

If you experienced workplace discrimination in Texas:

  1. Document everything: Keep emails, texts, performance reviews, and notes about discriminatory incidents
  2. Note the timeline: Calculate when your 300-day EEOC deadline expires (the longer deadline)
  3. File with the EEOC: Protect your federal claim and request dual-filing with TWC
  4. Consult an attorney: Speak with a Texas employment lawyer who understands federal standards
  5. Don’t wait: While you have 300 days for federal claims, earlier action preserves evidence and witnesses

Be realistic about Texas law: TCHRA provides no advantages over federal law. Unlike workers in California or New York, Texas workers rely primarily on federal protections. Know the limitations and act within the 300-day EEOC deadline.

Legal Disclaimer

This article provides general information about TCHRA and Title VII for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and should not be used as a substitute for consulting with a qualified Texas employment attorney about your specific situation.

Employment discrimination law is complex and fact-specific. Deadlines, legal standards, and available remedies depend on the unique circumstances of each case. If you believe you have experienced workplace discrimination, contact a licensed Texas employment lawyer immediately to evaluate your claims and protect your rights.

The information in this article was current as of the last update date shown above. Laws, regulations, and court interpretations change over time. Always verify current legal requirements with a qualified attorney before taking action.

Tags: Employment Law Aid, Texas, workplace discrimination, TCHRA, Title VII, Civil Rights