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About Discrimination Law in Texas, United States

Discrimination law in Texas is designed to protect individuals from unfair treatment based on certain characteristics, such as race, color, national origin, sex, religion, disability, or age. These protections apply in various settings, including workplaces, housing, schools, and public spaces. Both federal and state laws play a role in addressing discrimination cases in Texas. While the United States has broad anti-discrimination statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Fair Housing Act, Texas also enforces state-specific laws and agencies for additional support and enforcement.

Why You May Need a Lawyer

Discrimination can be complex and emotionally distressing. There are many situations where you may want or need a lawyer's assistance, including:

  • If you believe you have been denied a job, promotion, or fair compensation because of your protected status
  • If you were harassed, retaliated against, or wrongfully terminated due to your race, gender, age, disability, or another protected class
  • If you have faced discrimination in renting, buying, or accessing housing
  • If a school or public service provider has treated you unfairly based on protected characteristics
  • If you are unsure of your rights or how to file a formal complaint
  • If you need help negotiating a settlement or pursuing a lawsuit

An experienced lawyer can help you understand your rights, gather evidence, navigate state and federal procedures, and advocate for fair treatment or compensation.

Local Laws Overview

In Texas, discrimination protections are established under both state and federal law. Key aspects include:

  • Texas Labor Code Chapter 21: Prohibits employment discrimination based on race, color, disability, religion, sex, national origin, and age. Applies to most employers with 15 or more employees.
  • Texas Fair Housing Act: Mirrors the federal Fair Housing Act and protects against housing discrimination based on race, color, religion, sex, disability, familial status, and national origin.
  • Texas Workforce Commission (TWC) Civil Rights Division: Handles state-level complaints related to employment and housing discrimination.
  • City Ordinances: Some Texas cities, such as Austin, Dallas, and Houston, have their own anti-discrimination protections that may expand rights or enforcement options.
  • Federal laws, such as the Civil Rights Act, Americans with Disabilities Act, Age Discrimination in Employment Act, and others, also apply in Texas.

Employers, landlords, and other service providers are generally prohibited from discriminating or retaliating against individuals who assert their rights.

Frequently Asked Questions

What are the main types of discrimination covered by Texas law?

Texas law covers discrimination based on race, color, religion, sex, national origin, age, and disability, primarily in the contexts of employment and housing.

How do I know if I have experienced illegal discrimination?

If you have been treated unfairly or harassed because of a protected characteristic, you might have grounds for a legal claim. Common signs include denial of equal opportunities, hostile work environment, or retaliation for filing a complaint.

What is the process for filing a discrimination complaint in Texas?

Most employment discrimination complaints start with the Texas Workforce Commission Civil Rights Division or the federal Equal Employment Opportunity Commission. Housing discrimination complaints are handled by TWC or the U.S. Department of Housing and Urban Development.

Is there a time limit for filing a discrimination complaint?

Yes, deadlines can be strict. In employment cases, you generally must file with the TWC or EEOC within 180 days of the discriminatory act. For housing, you usually have up to one year.

Do Texas laws protect against retaliation?

Yes, it is illegal for an employer, landlord, or other covered entity to retaliate against someone who files a discrimination complaint or participates in an investigation or lawsuit related to discrimination.

Are all employers subject to anti-discrimination laws?

Most employers with 15 or more employees are covered by state and federal anti-discrimination laws, though some statutes may apply to smaller employers in certain cities.

What if my discrimination was based on sexual orientation or gender identity?

Federal law (following U.S. Supreme Court rulings) protects against discrimination based on sexual orientation and gender identity in employment. Some Texas cities have local ordinances providing additional protection, though state law does not explicitly list these categories.

Can I sue for compensation if I win my discrimination case?

Yes, if successful, you may be entitled to remedies such as back pay, reinstatement, compensatory damages, punitive damages, and attorney's fees, depending on the specifics of the case.

What is the role of the Texas Workforce Commission Civil Rights Division?

TWC’s Civil Rights Division investigates employment and housing discrimination complaints under Texas law, attempts mediation or settlements, and can refer unresolved cases for legal action.

Is it possible to resolve discrimination issues without going to court?

Yes, many cases are resolved through mediation, settlement, or agency investigation before reaching the courtroom. A lawyer can advise you on the best strategy for your situation.

Additional Resources

If you are seeking information or assistance related to discrimination in Texas, consider these resources:

  • Texas Workforce Commission Civil Rights Division - Handles employment and housing discrimination complaints
  • U.S. Equal Employment Opportunity Commission - Federal employment discrimination complaints
  • U.S. Department of Housing and Urban Development - Handles federal housing discrimination cases
  • Local human rights commissions or agencies in larger Texas cities
  • Legal aid organizations such as Texas RioGrande Legal Aid or Lone Star Legal Aid for free or low-cost legal help
  • State Bar of Texas Lawyer Referral Service for assistance finding a qualified attorney

Next Steps

If you suspect you have been the victim of discrimination in Texas, take these steps:

  1. Document all incidents, including dates, names, and specific behaviors or actions.
  2. Consult with a lawyer experienced in discrimination cases as soon as possible to understand your rights and obligations.
  3. File a complaint with the appropriate agency (such as TWC or EEOC) within the required time frame.
  4. Follow through on recommended investigation or mediation processes, and keep copies of all communications.
  5. If you are not satisfied with the outcome, discuss with your lawyer the possibility of filing a lawsuit or pursuing other legal remedies.

Dealing with discrimination is challenging, but support and legal avenues are available. Speaking with a knowledgeable lawyer can make a significant difference in asserting your rights and finding a resolution.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.