Texas Workplace Discrimination Law: TCHRA Rights & Protections (2026)

Texas prohibits workplace discrimination through the Texas Commission on Human Rights Act (TCHRA), which is part of Texas Labor Code Chapter 21. While TCHRA largely mirrors federal Title VII, understanding how Texas law works is essential for protecting your rights. If you've been discriminated against at work, you have legal options.

Quick Facts: Texas Discrimination Law

Protected Classes Under TCHRA

Who Is Protected

Texas Labor Code Chapter 21 prohibits discrimination based on:

• Race and color
• National origin
• Religion
• Sex (including pregnancy)
• Age (40 and older)
• Disability
• Genetic information

What's NOT Explicitly Protected

TCHRA does not explicitly protect:

• Sexual orientation
• Gender identity
• Marital status
• Political affiliation

Note: Federal interpretations of Title VII may provide some LGBTQ+ protections. Consult an attorney for current law.

Types of Discrimination

Disparate Treatment

Intentional discrimination based on protected class:

• Refusing to hire because of race
• Firing because of pregnancy
• Denying promotion because of age
• Paying less because of sex

Examples:

• "We need someone younger for this role"
• Asking about pregnancy plans in interview
• Comments about accent or national origin

Disparate Impact

Neutral policies that disproportionately affect protected groups:

• Height/weight requirements that exclude women
• Tests that disproportionately screen out minorities
• Policies that burden religious practices

Employer defense: Business necessity

Harassment

Unwelcome conduct based on protected characteristic:

• Racial slurs or jokes
• Religious mockery
• Age-related comments
• Must be severe or pervasive

Retaliation

Adverse action for opposing discrimination:

• Fired for complaining about discrimination
• Demoted for filing EEOC charge
• Excluded for supporting coworker's claim

Discrimination in Employment Decisions

Hiring Discrimination

Illegal to base hiring decisions on:

• Protected characteristics
• Assumptions about protected groups
• Customer or coworker preferences

What employers CAN consider:

• Qualifications and experience
• Legitimate job requirements
• Performance in interviews

Promotion Discrimination

Signs of discriminatory promotion practices:

• Qualified members of protected class passed over
• Subjective criteria applied inconsistently
• Pattern of excluding certain groups
• Comments suggesting bias

Pay Discrimination

Illegal to pay differently based on:

• Sex (Equal Pay Act also applies)
• Race or national origin
• Any protected characteristic

What employers CAN consider:

• Experience and seniority
• Education and certifications
• Performance metrics
• Market factors

Termination Discrimination

Discriminatory firing may involve:

• Pretextual reasons for termination
• Different treatment than similar employees
• Timing after protected activity
• Pattern of terminating protected class members

Filing a Discrimination Complaint

Texas Workforce Commission (TWC)

Civil Rights Division:

• Deadline: 180 days from discriminatory act
• Phone: 512-463-2642
• Website: twc.texas.gov{rel="nofollow"}

Process:

1. File written complaint
2. TWC investigates
3. Attempts conciliation
4. Issues right-to-sue if unresolved

EEOC Filing

Filing deadline: 300 days (with state agency)

Texas EEOC offices:

• Houston District Office
• Dallas District Office
• San Antonio Field Office
• El Paso Area Office

Cross-filing:

• TWC and EEOC have work-sharing agreement
• Filing with one can preserve rights with both

Private Lawsuit

After administrative process:

• Request right-to-sue letter
• File lawsuit in state or federal court
• Pursue all available claims

Proving Discrimination

Direct Evidence

Statements or actions showing discriminatory intent:

• "We don't hire people your age"
• "You're being let go because you're pregnant"
• Written policies that discriminate

Circumstantial Evidence

McDonnell Douglas framework:

Employee proves:

1. Member of protected class
2. Qualified for position
3. Adverse employment action
4. Circumstances suggest discrimination

Employer articulates:

• Legitimate, non-discriminatory reason

Employee proves:

• Employer's reason is pretextual

Evidence to Gather

Documentation:

• Performance reviews
• Emails and communications
• Company policies
• Witness statements

Comparative evidence:

• How were others treated?
• Were policies applied consistently?

Remedies and Damages

What You Can Recover

Economic damages:

• Back pay (lost wages)
• Front pay (future losses)
• Lost benefits

Compensatory damages:

• Emotional distress
• Mental anguish

Punitive damages:

• For intentional discrimination
• Malice or reckless indifference

Damage Caps

Note: Caps apply to compensatory and punitive damages combined. Back pay is not capped.

Equitable Relief

• Reinstatement to position
• Promotion
• Policy changes
• Training requirements
• Attorney's fees

Employer Defenses

Bona Fide Occupational Qualification (BFOQ)

Limited defense for:

• Sex-based requirements (e.g., authenticity in acting)
• Religious organizations
• NOT available for race discrimination

Business Necessity

For disparate impact claims:

• Practice is job-related
• Consistent with business necessity
• No less discriminatory alternative

Legitimate Non-Discriminatory Reason

Common employer defenses:

• Poor performance
• Policy violation
• Reduction in force
• Economic reasons

Practical Steps

If You Experience Discrimination

1. Document incidents (dates, witnesses, details)
2. Report internally following company procedures
3. Keep copies of all communications
4. Note any retaliation after reporting
5. Consult an attorney promptly

Protecting Your Rights

1. File within deadlines (180 days TWC, 300 days EEOC)
2. Preserve evidence (emails, documents)
3. Identify witnesses who can support claims
4. Continue performing well at work
5. Don't resign without legal advice

Common Questions

What if my employer has fewer than 15 employees?

Neither TCHRA nor Title VII covers employers with fewer than 15 employees. You may have limited options. Consult an attorney about potential state law claims.

Can I sue my supervisor personally?

Under TCHRA and Title VII, individuals generally cannot be sued personally. However, some circumstances may allow claims against individuals. Consult an attorney.

How long does a discrimination case take?

Cases vary widely. Administrative investigation may take 6-12 months. Litigation can take 1-3 years. Many cases settle before trial.

What if discrimination happened years ago?

The 180-day TCHRA deadline is strict. For ongoing discrimination, the deadline runs from the last discriminatory act. Consult an attorney immediately.

Finding Legal Help

Free Resources

• TWC Civil Rights Division: twc.texas.gov | 512-463-2642
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
• Texas RioGrande Legal Aid: trla.org

Employment Attorneys

Most work on contingency:

• No upfront fees
• Free consultations
• Attorney paid from recovery

Related Resources

• Texas Wrongful Termination
• Texas Sexual Harassment
• Texas Workplace Retaliation
• Houston Employment Law
• Dallas Employment Law

Legal Disclaimer

This guide provides general information about Texas workplace discrimination law and is not legal advice. For advice about your situation, consult a licensed Texas employment attorney.

Official Resources:

• TWC Civil Rights Division: twc.texas.gov{rel="nofollow"} | 512-463-2642
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000