Texas Gender Discrimination: TCHRA and Title VII Protections

Disclaimer: This page is for general information only and is not legal advice. Laws change and your facts matter—consult an employment attorney for advice.

Quick Summary

• Two main laws protect workers from sex/gender discrimination:
  • Federal Title VII (applies to employers with 15+ employees).
  • Texas Commission on Human Rights Act (TCHRA), Texas Labor Code Chapter 21 (generally mirrors Title VII; applies to 15+ employees).
• “Sex” discrimination includes pregnancy, sexual orientation, and gender identity under Title VII (Bostock v. Clayton County, 2020). Texas courts frequently interpret TCHRA consistently with Title VII.
• Deadlines to file a charge:
  • TCHRA (TWC-CRD): 180 days from the discriminatory act (300 days for Texas sexual harassment claims specifically—see separate page).
  • EEOC (Title VII): Up to 300 days in Texas (a “deferral” state).
• Dual-filing is available; filing with TWC-CRD can be cross-filed with EEOC (and vice versa).

What Conduct Is Prohibited

• Hiring, firing, promotion, compensation, job assignments, training, or any other term/condition of employment based on sex/gender.
• Harassment because of sex, including sexual harassment, hostile work environment, or quid pro quo harassment.
• Retaliation for complaining about or opposing discrimination, or participating in an investigation.

Who Is Covered

• Employers with 15+ employees (both Title VII and TCHRA).
• Employment agencies and labor organizations are also covered.
• Government employers are covered; special rules may apply to immunity and remedies—speak with counsel.

How To Preserve Your Claim (Deadlines)

• File a charge with the Texas Workforce Commission Civil Rights Division (TWC-CRD) within 180 days of the adverse act to preserve state-law claims under TCHRA.
• File with the EEOC within 300 days to preserve federal claims under Title VII.
• Texas sexual harassment claims have a 300-day TWC deadline and may cover employers with 1+ employees—see the separate sexual harassment filing page for details.

Filing Process (TCHRA/EEOC)

1. Gather facts: dates, witnesses, documents, and pay records.
2. Start your charge with either TWC-CRD or EEOC and request dual filing.
3. Agency intake: You’ll be contacted to finalize and sign the charge.
4. Investigation/mediation: Agencies may mediate or investigate; you can request a Right-to-Sue after certain periods.
5. Right-to-Sue and lawsuit deadlines:
   • Title VII: 90 days after receiving the EEOC right-to-sue letter.
   • TCHRA: You must file suit not later than the second anniversary of the charge, and generally within 60 days after receiving the notice of right to file suit. Consult counsel to avoid traps.

Remedies

• Back pay, front pay, reinstatement
• Compensatory and punitive damages (subject to caps based on employer size)
• Attorneys’ fees and costs
• Injunctive relief

Practical Tips

• Act quickly—deadlines are short.
• Keep copies/screenshots of evidence.
• Use exact dates; create a timeline.
• If still employed, consider internal complaint procedures (follow policy) while also tracking deadlines to file with an agency.

Where to File / Resources

• TWC Civil Rights Division (TCHRA): https://www.twc.texas.gov/jobseekers/texas-civil-rights-division
• EEOC (Title VII): https://www.eeoc.gov
• Texas Labor Code Chapter 21 (TCHRA): https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm
• Title VII of the Civil Rights Act of 1964: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• Bostock v. Clayton County, 590 U.S. ___ (2020): https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf