Employment Discrimination Cases: Not-So Straightforward

October 19, 2015

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Filing a charge of employment discrimination with the EEOC, or the Texas Workforce Commission-Civil Rights Division, is the first step individuals must go through to obtain recourse for a discrimination claim. While bringing a lawsuit immediately might be tempting, federal and Texas law requires that individuals go through a set administrative process before they even have the right to file suit.

Many individuals are confused and frustrated by this process, which, among other things, permits the EEOC to dismiss a charge if certain threshold requirements are not satisfied, encourages mediation and settlement (even when you have no intention to settle), and gives the EEOC investigator 180 days to obtain information before the right to file a suit can be obtained. Attorneys can be of great help in this regard; they can explain the process, provide a frank assessment of whether an individual's claim is likely to succeed, and advocate on the individuals behalf.

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