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Workplace Retaliation in Texas: Your Rights and Legal Protections

Your boss fired you after you reported discrimination. Your employer cut your hours after you filed a workers’ comp claim. Your manager demoted you after you testified in a coworker’s harassment case.

Is this legal in Texas?

No. Texas and federal law prohibit workplace retaliation. But Texas protections are more limited than states like California or New York.

This guide explains what workplace retaliation is under Texas law, what protections you have, and how to fight back.

What Is Workplace Retaliation in Texas?

Workplace retaliation happens when your employer punishes you for doing something the law protects.

The basic formula is:

  1. You engaged in protected activity (like reporting discrimination)
  2. Your employer took adverse action against you (like firing or demoting you)
  3. There’s a connection between the two

Texas law protects some activities. Federal law protects more.

Protected Activities: What Texas Law Actually Covers

Be realistic: Texas state anti-retaliation law is LIMITED compared to other states.

Most workplace retaliation protection in Texas comes from federal law, not state law.

What Texas State Law Protects

Filing discrimination complaints – The Texas Commission on Human Rights Act (TCHRA) prohibits retaliation if you:

Workers’ compensation claims – Texas Labor Code § 451 prohibits retaliation if you:

  • File a workers’ comp claim
  • Hire a lawyer for a workers’ comp case
  • Testify in a workers’ comp proceeding

Wage complaints – Limited protection if you:

  • File a wage claim with the TWC
  • Complain about unpaid wages to your employer

Other narrow protections:

  • Jury duty service
  • Military service
  • Voting leave
  • Reporting safety violations to OSHA

What Texas Does NOT Protect Well

Private sector whistleblowing – This is the big gap. Texas has NO broad whistleblower law for private employees.

The Texas Whistleblower Act (TWA) mostly covers government and public employees only. Private sector coverage is extremely limited.

Internal complaints without filing – Complaining to HR about illegal conduct may not be protected unless you also file with a government agency.

General reporting of illegal activity – Unlike California or New York, Texas has no broad protection for reporting illegal conduct in the private sector.

This means: If you work for a private company and report illegal activity internally, Texas state law may not protect you from retaliation.

Good news: Federal law fills many of these gaps.

Federal Law Provides Most Retaliation Protection in Texas

Federal law prohibits retaliation for:

Discrimination complaints:

  • Title VII (race, sex, religion, national origin)
  • ADA (disability)
  • ADEA (age 40+)
  • Equal Pay Act (wage discrimination)

Workplace safety:

  • OSHA complaints about safety hazards
  • Refusing unsafe work

Financial fraud whistleblowing:

  • Sarbanes-Oxley Act (SOX) – public company fraud
  • Dodd-Frank Act – SEC violations, shareholder fraud

Industry-specific protections:

  • OSHA whistleblower provisions (22+ statutes covering trucking, airlines, railroads, nuclear, etc.)
  • NLRA (union activity, discussing wages)

Other federal protections:

Federal law often provides better protection and longer deadlines than Texas state law.

Texas Commission on Human Rights Act (TCHRA) Retaliation

TCHRA mirrors federal Title VII. It prohibits retaliation for opposing discrimination based on:

  • Race
  • Color
  • Sex (including pregnancy, sexual orientation, gender identity)
  • Religion
  • National origin
  • Age (40+)
  • Disability

What’s Protected Under TCHRA

Filing charges – You file a discrimination complaint with the TWC Civil Rights Division.

Participating in investigations – You testify, provide documents, or cooperate with a TWC investigation.

Opposing discrimination – You complain to HR or management about discrimination.

Filing Deadline: 180 Days

You must file a retaliation charge with the TWC within 180 days of the retaliatory action.

This deadline is SHORT. Miss it and you lose your state law claim.

Federal alternative: File with the EEOC instead. You get 300 days in Texas (a “deferral state”).

Texas Whistleblower Act: Mostly for Public Employees

The Texas Whistleblower Act (TWA) protects government employees who report violations of law.

Who TWA Covers

Public employees:

  • State agency employees
  • City and county employees
  • School district employees
  • Other governmental bodies

NOT covered:

  • Most private sector employees
  • Independent contractors

What TWA Protects

Reporting a violation of law to:

  • Your supervisor
  • A government agency
  • Law enforcement

Requirement: You must report in good faith. The violation doesn’t have to be proven, but you must reasonably believe it occurred.

TWA Filing Deadline: 90 Days

Public employees must file a TWA lawsuit within 90 days of the retaliation.

This is one of the shortest deadlines in employment law. Act fast.

Workers’ Compensation Retaliation (Texas Labor Code § 451)

Texas Labor Code § 451.001 prohibits retaliation for workers’ compensation activity.

What’s Protected

Your employer cannot fire or retaliate against you for:

  • Filing a workers’ comp claim
  • Hiring a lawyer to represent you in a workers’ comp case
  • Testifying in a workers’ comp proceeding

No Filing Deadline for State Court

Unlike discrimination claims, workers’ comp retaliation claims go to state court, not an administrative agency.

You have two years to file a lawsuit (standard personal injury statute of limitations).

Damages Available

If you win:

  • Lost wages and benefits
  • Reinstatement to your job
  • Attorney’s fees

Types of Retaliation: What Counts as Adverse Action?

Retaliation isn’t just firing. It includes any action that would deter a reasonable person from engaging in protected activity.

Common examples:

Termination – Firing you shortly after you file a complaint.

Demotion – Reducing your title, responsibility, or authority.

Pay cuts – Reducing your salary, wages, or commission structure.

Schedule changes – Cutting your hours, changing you from day shift to night shift.

Undesirable assignments – Giving you the worst projects, routes, or tasks.

Disciplinary actions – Written warnings, suspensions, performance improvement plans (PIPs) that didn’t exist before.

Hostile work environment – Increased scrutiny, micromanagement, exclusion from meetings.

Constructive discharge – Making conditions so intolerable you’re forced to resign.

What doesn’t count:

  • Minor annoyances
  • Petty slights
  • Personality conflicts unrelated to your protected activity

How to Prove Workplace Retaliation in Texas

You need to show three elements:

1. Protected Activity

You engaged in activity the law protects. Examples:

2. Adverse Employment Action

Your employer took action that harmed you. Examples:

  • Fired you
  • Demoted you
  • Cut your pay
  • Changed your schedule

3. Causal Connection

The adverse action happened because of your protected activity.

Timing matters: Retaliation shortly after protected activity suggests causation.

Example: You file a discrimination complaint on March 1. Your employer fires you on March 15. The close timing supports retaliation.

Evidence That Helps

Timing – Days or weeks between protected activity and adverse action.

Pretextual reasons – Your employer’s stated reason doesn’t make sense or is inconsistent.

Differential treatment – Other employees with similar issues weren’t punished.

Statements – Your manager said “You shouldn’t have complained” or “You’re a troublemaker.”

Pattern – Other employees who complained faced similar retaliation.

Documentation – Emails, texts, performance reviews showing things changed after your complaint.

Filing a Retaliation Claim in Texas: TWC vs. EEOC

For Discrimination-Related Retaliation

You have two options:

Option 1: Texas Workforce Commission (TWC)

  • File with TWC Civil Rights Division
  • 180-day deadline from retaliation
  • TWC investigates and issues a right-to-sue letter
  • You can then file in state or federal court

Option 2: Equal Employment Opportunity Commission (EEOC)

  • File directly with EEOC
  • 300-day deadline in Texas (deferral state)
  • EEOC investigates and issues a right-to-sue letter
  • You file in federal court

Strategy: Filing with EEOC gives you an extra 120 days. Most lawyers recommend this.

Dual filing: EEOC and TWC share filings automatically in Texas. One filing covers both.

For Workers’ Comp Retaliation

  • File a lawsuit directly in state district court
  • Two-year deadline
  • No administrative filing required

For Public Employee Whistleblowing (TWA)

  • File a lawsuit directly in state district court
  • 90-day deadline (very short!)
  • No administrative filing required

For Federal Whistleblower Claims

Deadlines vary by statute:

  • SOX: 180 days to OSHA
  • Dodd-Frank: 180 days to OSHA
  • OSHA safety: 30 days to OSHA (shortest!)

Check the specific deadline for your situation.

Texas vs. Federal Retaliation Protections: Comparison

Protection Type Texas Law Federal Law
Discrimination complaints TCHRA (180 days) Title VII/ADA/ADEA (300 days)
Private sector whistleblowing Very limited SOX, Dodd-Frank, OSHA statutes
Workers’ compensation Texas Labor Code § 451 None (state law)
Wage complaints Limited protection FLSA anti-retaliation
Safety complaints Limited OSHA (30 days)
Public employees TWA (90 days) Varies by claim
Damages Lost wages, reinstatement Lost wages, reinstatement, emotional distress, punitive damages

Key takeaway: Federal law often provides broader protection and longer filing deadlines.

Damages in Texas Retaliation Cases

What you can recover depends on which law applies.

TCHRA/Title VII Retaliation

Economic damages:

  • Lost wages and benefits
  • Front pay (future lost earnings)

Non-economic damages:

  • Emotional distress
  • Pain and suffering

Other remedies:

  • Reinstatement to your job
  • Attorney’s fees and costs

Damage caps: TCHRA has caps on non-economic and punitive damages based on employer size.

Workers’ Comp Retaliation (§ 451)

  • Lost wages and benefits
  • Reinstatement
  • Attorney’s fees
  • No emotional distress or punitive damages

Federal Whistleblower Claims

Varies by statute. SOX and Dodd-Frank allow:

  • Lost wages
  • Reinstatement
  • Special damages (emotional distress, reputation harm)
  • Attorney’s fees
  • No damage caps

Real-World Texas Retaliation Examples

Example 1: Discrimination Complaint Retaliation

Maria reported sexual harassment by her supervisor to HR. Two weeks later, her employer fired her for “poor performance” despite years of positive reviews.

Protected activity: Reporting sexual harassment (TCHRA).

Adverse action: Termination.

Causal connection: Timing (two weeks) and pretextual reason (contradicted by performance history).

Outcome: Maria filed with EEOC and won a settlement including back pay and emotional distress damages.

Example 2: Workers’ Comp Retaliation

James injured his back lifting boxes at a warehouse. He filed a workers’ comp claim. His manager reduced his hours from 40 to 15 per week.

Protected activity: Filing workers’ comp claim (Texas Labor Code § 451).

Adverse action: Hour reduction.

Causal connection: Hours cut immediately after filing claim.

Outcome: James sued in state court and recovered lost wages plus attorney’s fees.

Example 3: Private Sector Whistleblowing (No Texas Protection)

Sarah worked at a private company. She reported to her supervisor that the company was dumping chemicals illegally. The company fired her.

Problem: Sarah is a private employee. TWA doesn’t cover her. Texas has no broad private whistleblower law.

Solution: Sarah filed an OSHA whistleblower complaint under federal environmental whistleblower provisions. Federal law protected her even though Texas state law didn’t.

Example 4: Public Employee Whistleblowing (TWA)

David worked for a city government. He reported that his supervisor was falsifying timesheets. The city demoted him.

Protected activity: Reporting violation of law (TWA covers public employees).

Adverse action: Demotion.

Deadline: David had 90 days to file a lawsuit. He hired a lawyer immediately and filed in time.

Outcome: David won reinstatement and lost wages.

What to Do If You Face Workplace Retaliation in Texas

Step 1: Document Everything

Before the retaliation:

  • Save emails, texts, and messages about your protected activity
  • Keep copies of performance reviews
  • Note dates and details of your complaints

After the retaliation:

  • Write down what happened (date, time, who was involved, what was said)
  • Save termination letters, disciplinary notices, or schedule changes
  • Note any statements by managers or HR

Why this matters: Evidence proves the connection between your complaint and the retaliation.

Step 2: Report Internally (If Safe)

If your employer has an HR department or complaint process, consider reporting the retaliation.

But: Only do this if you believe HR will act fairly. Some employers retaliate further.

Save proof: Email your complaint so you have a record.

Step 3: Know Your Deadlines

EEOC (federal discrimination): 300 days from retaliation

TWC (state discrimination): 180 days from retaliation

TWA (public employees): 90 days from retaliation

Workers’ comp retaliation: 2 years from retaliation

OSHA safety complaints: 30 days from retaliation

Other federal whistleblower claims: Usually 180 days

Miss these deadlines and you lose your claim. Act fast.

Step 4: File a Charge or Complaint

For discrimination retaliation:

  • File with EEOC (recommended for longer deadline)
  • Or file with TWC
  • Filing is free

For workers’ comp retaliation:

  • Consult an employment lawyer to file a lawsuit in state court

For public employee whistleblowing:

  • Consult a lawyer immediately (90-day deadline is very short)

For federal whistleblower claims:

  • File with OSHA or the relevant agency

Step 5: Consult an Employment Lawyer

Retaliation cases are complex. A lawyer can:

  • Identify which laws apply to your situation
  • Meet critical deadlines
  • Gather evidence
  • Negotiate a settlement
  • Represent you in court

Many employment lawyers offer free consultations.

Frequently Asked Questions

Can my employer fire me for complaining about illegal activity?

It depends. If you work for a government agency, the Texas Whistleblower Act protects you. If you work for a private company, Texas state law provides very limited protection.

But federal law may protect you depending on what you reported (safety violations, fraud, discrimination, etc.).

How long do I have to file a retaliation claim in Texas?

It depends on the type of claim:

  • Discrimination (EEOC): 300 days
  • Discrimination (TWC): 180 days
  • Workers’ comp: 2 years
  • Public employee whistleblowing (TWA): 90 days
  • OSHA safety: 30 days

The deadlines vary. Don’t wait.

What if I was fired for reporting safety violations?

File an OSHA whistleblower complaint within 30 days. OSHA investigates and can order reinstatement and back pay.

Can I sue my employer directly for retaliation?

For discrimination retaliation: No. You must file with EEOC or TWC first. They issue a “right-to-sue” letter. Then you can sue in court.

For workers’ comp retaliation: Yes. You can sue directly in state court.

For public employee whistleblowing (TWA): Yes. You file directly in state court.

What damages can I recover?

Typically:

  • Lost wages and benefits
  • Reinstatement to your job
  • Attorney’s fees

Sometimes:

  • Emotional distress damages
  • Punitive damages (under federal law)

Damage caps apply under TCHRA based on employer size.

Do I need a lawyer?

Not required, but highly recommended. Retaliation cases involve:

  • Complex laws (state and federal)
  • Short deadlines
  • Evidence gathering
  • Negotiation with employers

A lawyer increases your chances of success.

What if my employer says they fired me for performance issues?

This is called a “pretextual reason.” If you can show:

  • Your performance was actually good (past reviews, awards, promotions)
  • The timing is suspicious (shortly after your complaint)
  • Other employees with similar issues weren’t punished

You can prove the real reason was retaliation, not performance.

Related Topics

Take Action Now

If your employer retaliated against you, don’t wait.

Deadlines are short in Texas—some as short as 30 or 90 days.

Next steps:

  1. Document what happened
  2. Identify which law protects you (state or federal)
  3. File a charge with the appropriate agency
  4. Consult an employment lawyer

Your employer broke the law. You have rights. Fight back.

Disclaimer: This article provides general legal information about workplace retaliation in Texas. It is not legal advice. Every situation is different. Consult a licensed Texas employment lawyer for advice about your specific case. Laws change. Verify current statutes and deadlines.

Sources:

  • Texas Commission on Human Rights Act (TCHRA), Tex. Lab. Code § 21.001 et seq.
  • Texas Whistleblower Act, Tex. Gov’t Code § 554.001 et seq.
  • Texas Labor Code § 451.001 (workers’ comp retaliation)
  • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
  • Sarbanes-Oxley Act, 18 U.S.C. § 1514A
  • OSHA whistleblower protections, 29 C.F.R. Part 1978
  • Texas Workforce Commission: twc.texas.gov
  • U.S. Equal Employment Opportunity Commission: eeoc.gov
  • U.S. Department of Labor OSHA: osha.gov