EEOC in Texas: What Really Happens After You File a Workplace Discrimination Complaint

Filing a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC) might feel like a big step. Many employees know about the EEOC in Texas, but only a few of them understand what happens after the complaint is submitted. If you have questions too, this blog is for you. Here, we will break down exactly what happens after you file a complaint in Texas, so you will know what to expect. You will also get to know the timeline of when things happen. So, keep reading!

What Happens After You Have Filed a Complaint with the EEOC in Texas

Let us outline what happens after the complaint has been filed with the EEOC:

Step 1: The EEOC Will Receive and Review Your Complaint

When you file a charge of discrimination, you are formally informing the EEOC that you believe you experienced unfair treatment at work based on a protected characteristic. Of course, filing a charge doesn’t mean that the act of discrimination is proven. First, the EEOC will review the information you submitted and determine whether the laws it enforces are applicable to your case.

Step 2: The Employer Receives a Notification Within 10 Days

After the charge is filed, the EEOC informs your employer (also referred to as the Respondent) within a span of 10 days. It sends them a notification containing a link to the EEOC’s Respondent Portal. Here, they can view the particulars of the charge, submit their position statement, and acquire updates about the case at any step.

Step 3: Employer’s Initial Response – The Position Statement

After being notified, the employer can submit a position statement to explain their side of the story. This allows them to respond to the allegations and raise any legal or factual defenses that apply to the case. Employees must understand the importance of this step because the EEOC in Texas may review it at any point during the process, so it becomes a key determining factor.

Step 4: Mediation

The EEOC also offers mediation early in the process to quickly resolve a charge. Mediation is an opportunity for both sides to come to an agreement, which is an entirely voluntary step. Employees can specifically benefit from this because it allows for a quicker and less stressful resolution compared with a thorough investigation. However, mediation is considered only if the parties agree upon it.

Step 5: The Investigation Begins

After the investigation begins, the EEOC researches the evidence to prove the charge of discrimination. The following steps are included in that process:

RFI: The EEOC will request that the Respondent and Charging Party provide documents including but not limited to, personnel files (of the Charging Party and other employees), workplace policies, emails, or other relevant records.

On-site Visits: At times, the investigator may also feel the need to visit the workplace as well. This helps them in reviewing documents and gathering information in an efficient manner.

Witness Interviews: An investigator may interview management personnel (in the presence of the Respondent) and non-management level employees (without the presence or permission of the Respondent).

Evidence Review: Once all the information is collected in one place, the investigator reviews all documents, statements, and facts to determine whether it can be accepted that the discrimination took place.

Note that the average time for the EEOC in Texas to investigate and resolve a charge is 11 months (as of 2023). However, delays can occur if either party fails to respond on time to requests.

Step 6: The Result of the Investigation

From this investigation, there are two possible results:

If a Reasonable Cause is NOT Found: If the investigation cannot conclude that there is a reasonable cause to believe that discrimination occurred, it issues a Dismissal and Notice of Rights to the employee. The notice grants the Charging Party the right to file a federal lawsuit within 90 days.

If a Reasonable Cause IS Found: If the EEOC finds reasonable cause to believe that the discrimination has occurred, both parties are sent a Letter of Determination. This invites them to an informal process called conciliation, where they will visit the agency to resolve the issue without going to court.

Step 7: If the Conciliation Fails

If the conciliation fails to resolve the charge, the EEOC will decide whether to file a lawsuit against the Respondent. If it decides not to litigate, a Notice of Right to Sue is issued to the Charging Party. This allows them to take the case to federal court with the help of discrimination lawyers in Dallas.

Conclusion

Filing a discrimination complaint with the EEOC in Texas may feel difficult initially, but once you have understood the steps, things get more manageable. We hope that we were able to give you clarity about what happens after you have filed a charge. It is important to remember that the outcomes can vary in every case, but staying prepared and responding quickly can help you resolve the charge sooner.

If it comes to going to the federal court, you should get in touch with the best discrimination lawyers in Dallas from Mijares Law Group!