If no agreement can be reached, the Commission will formally investigate your complaint. If the investigator feels that illegal discrimination may have occurred, a panel of three Commissioners reviews the matter. If two of three agree that discrimination occurred, a notice is sent to the Company informing it that steps must be taken to eliminate the discrimination. If the Commission does not act on your complaint within 180 days of receiving it, they send you a notice saying that no resolution has been reached. You can then request a letter granting you the right to file a private lawsuit.
Timing is critical.
The law requires you to file suit within 60 days of getting this letter or else you lose the right to sue. This must happen either within 300 days of the discriminatory act, or within 30 days after receiving notice that Texas has not resolved the issues. T his column answers a specific legal question offered by an individual in the South Texas area. The answer may or may not match your individual situation. Be careful not to treat this column as specific legal advice that meets your individual needs.