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Texas Workplace Discrimination: Your Rights Under State and Federal Law

Bottom Line: Texas has limited state-level discrimination protections. The Texas Commission on Human Rights Act (TCHRA) largely mirrors federal law rather than expanding it. Most workers in Texas rely primarily on federal protections like Title VII, the ADA, and the ADEA. If you face discrimination, time is critical—Texas gives you just 180 days to file with the state agency, even shorter than the federal deadline.

This guide explains what protections exist in Texas, how state and federal law compare, and what to do if you experience workplace discrimination.

What Is Workplace Discrimination in Texas?

Workplace discrimination happens when an employer treats you unfairly because of a protected characteristic. This includes:

  • Hiring and firing decisions based on race, religion, age, or other protected traits
  • Unequal pay for the same work based on protected characteristics
  • Denied promotions or training opportunities because of your identity
  • Harassment that creates a hostile work environment
  • Retaliation for reporting discrimination or participating in an investigation

Both Texas state law (TCHRA) and federal law prohibit these practices. But Texas law doesn’t go beyond federal protections the way states like California or New York do.

Protected Characteristics Under Texas Law

The Texas Commission on Human Rights Act (TCHRA) protects workers from discrimination based on:

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

What TCHRA Does NOT Protect: Sexual orientation and gender identity are not protected classes under Texas state law. However, the U.S. Supreme Court’s 2020 Bostock v. Clayton County decision means federal law (Title VII) does protect LGBTQ+ workers from discrimination based on sexual orientation and gender identity.

This is a key difference. If you face discrimination as an LGBTQ+ worker in Texas, your protection comes from federal law, not state law.

TCHRA vs. Federal Law: How They Compare

Unlike California (FEHA) or New York (NYSHRL), which provide broader protections than federal law, TCHRA is nearly identical to federal Title VII. Here’s the comparison:

Feature TCHRA (Texas State Law) Title VII (Federal Law)
Employer Size 15+ employees 15+ employees
Protected Classes Race, color, religion, sex, national origin, age 40+, disability Race, color, religion, sex (including sexual orientation/gender identity per Bostock), national origin, age 40+, disability
Filing Deadline 180 days from discrimination 300 days (in states with state agency like Texas)
Agency Texas Workforce Commission (TWC) Civil Rights Division Equal Employment Opportunity Commission (EEOC)
Punitive Damages Not available Available (subject to caps based on employer size)
Compensatory Damages Available Available (subject to caps)
Burden on Employers Less favorable to employees than CA/NY Standard federal framework

Key Takeaway: Texas state law doesn’t offer broader protections than federal law. Most discrimination claims in Texas succeed or fail based on federal standards, not stronger state provisions.

Types of Workplace Discrimination

Discrimination takes several forms under both TCHRA and federal law:

1. Direct Discrimination (Disparate Treatment)

This occurs when an employer intentionally treats you worse because of a protected characteristic.

Example: A manager tells a 55-year-old employee, “We need younger energy on this team,” then promotes a less-qualified 30-year-old. This is direct age discrimination.

2. Disparate Impact

This happens when a seemingly neutral policy disproportionately harms a protected group without business justification.

Example: A Texas oil company requires all field workers to lift 100 pounds unassisted. This requirement screens out most women and workers with disabilities, even though the actual job rarely requires that much lifting. If the employer can’t prove it’s truly necessary, this could be disparate impact discrimination.

3. Harassment

Harassment based on protected characteristics that creates a hostile work environment is illegal.

Example: A Black warehouse worker in Houston endures repeated racial slurs from coworkers. Management knows but does nothing. This creates a hostile work environment based on race.

Harassment must be severe or pervasive enough that a reasonable person would find the workplace hostile. A single off-color joke usually doesn’t meet this threshold. Ongoing, repeated behavior does.

4. Retaliation

If you report discrimination or participate in an investigation, your employer cannot punish you. Retaliation is illegal under both TCHRA and federal law.

Example: An employee files a complaint with TWC about sexual harassment. Two weeks later, her manager gives her a negative performance review she doesn’t deserve and cuts her hours. This is retaliation.

Retaliation claims are often easier to prove than the underlying discrimination because the timeline shows causation clearly.

How to File a Discrimination Complaint in Texas

If you experience discrimination, you have two main options: file with the state agency (TWC) or the federal agency (EEOC). Often, these overlap.

Texas Workforce Commission (TWC) Civil Rights Division

Equal Employment Opportunity Commission (EEOC)

  • Handles: Federal law violations (Title VII, ADA, ADEA)
  • Deadline: 300 days in Texas (because TWC is a “work-sharing” state agency)
  • Process: File online, by mail, or in person; EEOC investigates and may issue a “right to sue” letter
  • Website: EEOC Public Portal

Dual Filing

When you file with TWC, your complaint is often automatically cross-filed with the EEOC. This protects both your state and federal claims. Confirm this happens when you file.

Critical Deadline: The 180-day TWC deadline is shorter than the 300-day federal deadline. Don’t wait. If you miss the deadline, you may lose your right to sue.

Real-World Texas Discrimination Scenarios

Example 1: Religious Discrimination in Dallas

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.

Analysis: This is religious discrimination. Employers must reasonably accommodate sincerely held religious beliefs unless it causes undue hardship. A hijab rarely causes undue hardship in retail. Maria has a strong claim under both TCHRA and Title VII.

Example 2: Age Discrimination in Austin Tech

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.”

Analysis: This is age discrimination under both TCHRA and the ADEA. The statement about “younger culture” is direct evidence. The pattern of targeting older workers strengthens the claim.

Example 3: Pregnancy Discrimination in San Antonio

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.”

Analysis: This is sex discrimination under both TCHRA and Title VII. Pregnancy discrimination is a form of sex discrimination. Employers cannot assume pregnant employees are less committed or remove responsibilities based on pregnancy.

Example 4: Disability Discrimination in Houston

Carlos, who uses a wheelchair, applies for an accounting position at a Houston corporation. He’s highly qualified. During the interview, the hiring manager says, “We’d love to hire you, but our office isn’t set up for wheelchairs.” Carlos isn’t hired.

Analysis: This is disability discrimination under both TCHRA and the ADA. Employers must provide reasonable accommodations for disabilities unless it causes undue hardship. Installing a ramp or adjusting workspace layout is usually reasonable for a large corporation.

What TCHRA Doesn’t Cover (But Federal Law Might)

Texas state law has gaps. Here’s what TCHRA does not protect:

Sexual Orientation and Gender Identity

TCHRA does not list sexual orientation or gender identity as protected classes. However, federal law does protect LGBTQ+ workers under Title VII following the Supreme Court’s Bostock decision in 2020.

What This Means: If you’re fired for being gay or transgender in Texas, you cannot sue under state law. But you can sue under federal law. File with the EEOC, not just TWC.

Small Employers (Fewer Than 15 Employees)

TCHRA only applies to employers with 15 or more employees. If you work for a smaller employer, Texas state law doesn’t protect you. Federal law also has the same 15-employee threshold, so small-employer workers have very limited legal recourse for discrimination.

Marital Status, Political Affiliation, Other Traits

Some states protect additional characteristics like marital status or political beliefs. Texas does not. These are not protected under TCHRA or federal law.

Damages Available in Texas Discrimination Cases

If you win a discrimination case, you may recover:

Under TCHRA (Texas State Law)

  • Back pay: Lost wages from termination or demotion
  • Front pay: Future lost earnings if reinstatement isn’t possible
  • Emotional distress damages: Compensation for mental anguish (limited)
  • Attorney’s fees: If you win

Not Available: Punitive damages are not available under TCHRA. This is a significant limitation compared to federal law.

Under Federal Law (Title VII, ADA, ADEA)

  • All TCHRA damages, plus:
  • Punitive damages: Meant to punish the employer for egregious conduct (capped based on employer size)
  • Compensatory damages: For emotional distress and other losses (also capped)
Employer Size Damage Cap (Compensatory + Punitive Combined)
15-100 employees $50,000
101-200 employees $100,000
201-500 employees $200,000
500+ employees $300,000

Why Federal Law Matters: Because TCHRA doesn’t allow punitive damages, many Texas workers pursue federal claims to maximize recovery.

What to Do If You Face Discrimination

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 after you report discrimination
  • Witness names who saw or heard discriminatory conduct

Step 2: Report Internally

If your company has an HR department or anti-discrimination policy, report the discrimination in writing. Keep a copy. This creates a record and may trigger an internal investigation.

Some companies resolve issues at this stage. Others retaliate, which gives you an additional legal claim.

Step 3: File a Complaint with TWC or EEOC

You must file with a government agency before you can sue in court. Do this within 180 days for TWC (or 300 days for EEOC).

You can file with both agencies simultaneously through dual filing.

Step 4: Consult an Employment Lawyer

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

Can I be fired for filing a discrimination complaint in Texas?

No. Retaliation is illegal under both TCHRA and federal law. If your employer fires, demotes, or punishes you for reporting discrimination, you have a separate retaliation claim.

Does Texas protect LGBTQ+ workers from discrimination?

Not under state law. TCHRA does not list sexual orientation or gender identity as protected classes. However, federal Title VII protects LGBTQ+ workers following the Supreme Court’s 2020 Bostock decision. File with the EEOC for federal protection.

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

You have 180 days to file with the Texas Workforce Commission (TWC). You have 300 days to file with the EEOC. The TWC deadline is shorter, so don’t wait. Missing the deadline can permanently bar your claim.

What if my employer has fewer than 15 employees?

TCHRA and most federal discrimination laws only apply to employers with 15 or more employees. If your employer is smaller, you have very limited legal options under discrimination law. Consult an attorney to explore other potential claims.

Can I sue without filing with TWC or the EEOC first?

No. You must file an administrative complaint with TWC or the EEOC before filing a lawsuit. This is called “exhausting administrative remedies.” After the agency investigates, they’ll issue a right to sue letter, allowing you to proceed to court.

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Legal Disclaimer

This article provides general information about workplace discrimination law in Texas. It is not legal advice and does not create an attorney-client relationship. Discrimination law is complex and fact-specific. If you believe you’ve experienced workplace discrimination, consult a qualified Texas employment attorney who can evaluate your specific situation and advise you on the best course of action. Laws change, and this information may not reflect the most current legal developments.

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