EEO - Retaliation: Texas
Federal law and guidance on this subject should be reviewed together with this section.
Author: Maureen Jennings, Phelps Dunbar LLP
- The Texas Commission on Human Rights Act (TCHRA or Texas Labor Code, Chapter 21) broadly prohibits retaliation against an employee or applicant who opposes a discriminatory practice, makes or files a charge, files a complaint, or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing. See Retaliation Under the Texas Commission on Human Rights Act.
- Remedies under TCHRA include hiring, reinstatement, promotion, back pay, compensatory and punitive damages, attorney's fees, court costs, and expert fees. See Remedies.
- TCHRA differs from Title VII, the ADA, the ADEA, and GINA in several key ways. The deadlines for filing a complaint under TCHRA with the state agency or the EEOC and for filing a lawsuit are different than under these federal laws. See Procedures and Deadlines.
- Certain Texas cities have enacted ordinances that prohibit retaliation by public and/or private employers based on categories not protected under Texas or federal law. See Retaliation Under Municipal Laws.