Texas Labor Code 21.201 – Filing of Complaint; Form and Content; Service
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(a) A person claiming to be aggrieved by an unlawful employment practice or the person’s agent may file a complaint with the commission.
(b) The complaint must be in writing and made under oath.
Terms Used In Texas Labor Code 21.201
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The complaint must state:
(1) that an unlawful employment practice has been committed;
(2) the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and
(3) facts sufficient to enable the commission to identify the respondent.
(d) The executive director or the executive director’s designee shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.
(e) A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.
(f) An amendment to a complaint alleging additional facts that constitute unlawful employment practices relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.
(g) If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice or, for a complaint alleging sexual harassment, within 300 days of the alleged sexual harassment, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.