How to Respond to an Employment Discrimination Complaint

Overview

When TWC receives an employment discrimination complaint, our Civil Rights Division conducts a neutral investigation to determine if discrimination has occurred under the Texas Labor Code. We work in cooperation with the federal Equal Employment Opportunity Commission (EEOC) to resolve employment discrimination allegations.

If a current, former or prospective employee submits an employment discrimination complaint against you and TWC accepts the complaint, we will notify you and send a mediation or alternative dispute resolution invitation.

A few common employment discrimination allegations made by job seekers or employees include:

  • Not hired because of a disability
  • Demoted because of national origin
  • Terminated because of race
  • Harassed by co-workers because of age
  • Denied benefits because of pregnancy
  • Retaliated against for filing or participating in a discrimination complaint

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Mediation

TWC will review the discrimination complaint to determine if the case is eligible for mediation. If so, we will send a mediation or alternative dispute resolution invitation to you in an effort to resolve the complaint. If you choose mediation, your company representative and the person who submitted the complaint will meet with a mediator. If your complaint is settled through mediation, it will be closed and our process concluded. If you decline mediation or the complaint is not settled through mediation, then your complaint will be assigned to an investigator.

You must accept or decline mediation within 14 calendar days from the date of the TWC invitation to mediate. You can accept or decline by email, phone or fax.

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Participating in the Complaint Process

If either party declines mediation, we will assign the complaint to an investigator. Your full cooperation is very important during the processing of a discrimination complaint.

If your address, phone number or email address changes during an investigation, you must notify your investigator immediately.

You must respond to the complaint by providing a Position Statement, including supporting documentation, within 21 calendar days of the date of the TWC complaint notification.

Position Statement

Carefully review the Instructions for Position Statement and Request for Information mailed to you.

When submitting your Position Statement, you must include an unsworn declaration (notary not needed) that the information you provide is true and correct. You may use the sample unsworn declaration we include in your mailed instructions for Position Statement and Supporting Documentation or print and submit the form provided here:

Providing false information is punishable as perjury.

Your Position Statement and supporting documentation must include the following:

  • The full legal name and address of the Respondent
  • The name, title and address of the individual(s) most directly responsible for managing the company or agency
  • A detailed statement responding to each allegation in the Charge of Employment Discrimination
  • A copy of your policies and procedures regarding Equal Employment Opportunity (EEO), including complaint reporting procedures
  • A copy of any additional policies and procedures specified in the instructions we mail to you
  • Written statements from all persons involved or that witnessed the actions identified in the Charge of Employment Discrimination
  • A list of similarly-situated employees as defined in the mailed instructions
  • Any other documentation to support the reason for the adverse personnel action
  • All additional information requested in your instructions

Do not submit originals of supporting documents.

The investigator may contact you to ask follow up questions or to request additional information.

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Retaliation Against Employees

An employer may not fire, demote, harass or otherwise retaliate against an individual for submitting a complaint of employment discrimination, participating in a discrimination proceeding or otherwise opposing discrimination. The law applies to private employers with 15 or more employees, and to all state and local governmental entities regardless of the number of employees.

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Contact

Contact the TWC Civil Rights Division about employment discrimination: