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Discrimination

Discrimination in any form is wrong and must be fixed.   Federal and state laws protect employees from discrimination that is motivated by age, sex (including, but not limited to sexual orientation), race, religion, national origin or disability.  It can be difficult to prove because employers rarely admit that they are motivated by discrimination.   They usually make up a false reason for termination.  What we look for are “clues”–what is there that shows the termination was illegal?  What is there that shows that the reason the employer gave is false?   The lawyers at Hutchison & Foreman, PLLC are experienced in assessing and pursuing discrimination claims.

Administrative Requirements and Deadlines

Before you can file a lawsuit for workplace discrimination, you must go through an administrative procedure with either the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC).  It is initiated by you filing what is called a “Charge,” a document that outlines the basis for your complaint.   Federal and state laws provide time deadlines for a victim of discrimination to file the Charge.  Under federal law, you must file the Charge within 300 days of the date of the discrimination.  Under Texas law, you must file the Charge within 180 days of the date of the discrimination.  Whether the administrative agency investigates or not, they will at some point issue you a Notice of Right to Sue, after which time you can file a lawsuit.  Failing to file the Charge and get the Notice of Right to Sue is fatal to your lawsuit.

Once you get the Notice of Right to Sue, there is a very short period of time to file the lawsuit.  A federal Right to Sue gives you 90 days to file suit.  A Texas Right to Sue gives you 60 days to file a lawsuit.  As you can see, you must act quickly after you receive the notice.

Our attorneys can help you file a Charge and obtain a Right to Sue.

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