Texas Commission on Human Rights Act (TCHRA)

The Texas Commission on Human Rights Act (TCHRA), codified as Chapter 21 of the Texas Labor Code, is Texas's principal employment discrimination statute. The TCHRA prohibits discrimination in employment based on race, color, sex, national origin, religion, age (40+), and disability. The statute generally tracks Title VII, ADA, and ADEA frameworks but contains Texas-specific procedural and substantive elements. Administration was transferred from the Texas Commission on Human Rights to the Texas Workforce Commission Civil Rights Division (TWC-CRD) in 2004.

Coverage and protected classes

TCHRA applies to employers with 15 or more employees (matching Title VII; broader than ADEA's 20-employee threshold). Protected classes under § 21.051: race; color; sex (including pregnancy, childbirth, related conditions per § 21.106; following Bostock at the federal level); national origin; religion; age (40 and older); disability. The 15-employee threshold extends TCHRA protection to mid-market Texas employers not covered by federal ADEA.

Relationship to federal law

TCHRA generally tracks federal employment discrimination law: (1) elements, substantially similar to Title VII, ADA, ADEA; (2) burden-shifting framework, McDonnell Douglas analysis applied to TCHRA claims; (3) damages caps, TCHRA has its own structure mirroring federal Civil Rights Act of 1991 caps; (4) administrative exhaustion, required for TCHRA claims through TWC-CRD, parallel to EEOC for federal claims. Texas Supreme Court in NME Hospitals confirmed TCHRA standards generally follow federal precedent, but with Texas-specific differences in some procedural and damages provisions.

Administrative exhaustion

TCHRA claims require administrative exhaustion through TWC-CRD: (1) charge filing within 180 days; (2) TWC-CRD investigation, typically 6-12 months; (3) conciliation if reasonable cause found; (4) right-to-sue letter issued; (5) state-court suit within 60 days of right-to-sue letter (if filed before 2 years from charge filing) or within 2 years from charge filing. The 60-day post-letter and 2-year-from-charge deadlines are both jurisdictional; missing either typically bars the TCHRA claim.

Damages and remedies

TCHRA damages structure (§ 21.2585): (1) compensatory damages for emotional distress; (2) punitive damages for malicious or reckless violations; (3) back pay and benefits; (4) front pay or reinstatement; (5) injunctive relief; (6) attorney's fees and costs. Damages caps under § 21.2585 vary by employer size: $50K (15-100 employees), $100K (101-200), $200K (201-500), $300K (500+), mirroring CRA 1991 caps for federal claims. The caps apply to combined compensatory and punitive damages; back pay, front pay, and equitable relief are not subject to caps.

The TWC-CRD work-share with EEOC

TWC-CRD and EEOC operate under a work-share agreement: charges filed with either agency are typically deemed filed with both. This provides several advantages: (1) extended deadline, TCHRA filing deadline is 180 days; coordination with EEOC extends federal Title VII deadline to 300 days in Texas; (2) dual investigation; (3) reduced administrative burden. TCHRA charges must be filed within 180 days; the deadline is strictly applied.

Coordination with federal claims

Plaintiffs frequently file dual TCHRA and federal Title VII (or ADA, ADEA) claims. Coordination considerations: (1) different deadlines, TCHRA 180/60-day vs. Title VII 300/90-day; (2) different jurisdictions, TCHRA can be filed in state or federal court; Title VII typically federal court; (3) different elements, generally similar but with Texas-specific variations; (4) strategic considerations, state-court venue may be preferable in some cases. Sophisticated employment plaintiffs frequently dual-file to preserve options.

Companion article: Before Firing an Employee