Houston, TX – Each state has different procedures that must be followed to file claims related to illegal workplace behavior. In Texas, the state’s workforce commission handles most of these issues and provides information to potential litigants so that they may comply with all of the state’s relevant procedural rules in order to have their complaint accepted. It is also recommended that victims retain a licensed attorney help with this process, as legal representation will be crucial to follow all relevant laws and regulations to prevail in a sexual harassment claim

Procedures from the state workforce commission

The Texas Workforce Commission gives an outline related to how claims for harassment and discrimination proceed through their complaint process. 

Under Texas law, sexual discrimination is when an employee is treated differently based on their gender, where any gender can be a victim. This can also include discrimination and adverse treatment against pregnant employees. In many cases, this illegal treatment includes coworkers and superiors stereotyping or making negative assumptions about the worker based on gender

Basic information that must be in each complaint

Complaints must meet certain requirements to be formally reviewed by the commission’s board. The workplace needs to be physically located in Texas. The business must also be large enough to have at least 15 employees. There must be basic information about the victim, which includes their name, address, and contact information, as well as similar info for the business in question. 

All complaints need to be filed within 180 days of the incident of misconduct. The adverse treatment must be related to a protected characteristic such as gender, race, religion, or disability. Finally, the specific type of harm that was dealt to the victim such as a demotion, termination, or reduction in pay must be identified. 

After the complaint is filed

If the complaint is formally accepted, the commission will begin its investigation into the merits of the allegations of misconduct.

Some complaints may result in a mediation process. This can be agreed to by both parties, and they will be given a chance to try to resolve the case with a neutral mediator. For the convenience of everyone involved, this process is sometimes completed over the phone or through the internet. 

When a complaint does not meet the requirements for jurisdiction or the other steps outlined above, it will be dismissed and notice of the dismissal is given to the petitioner. They may choose to correct the issues, amend the complaint, and refile. 

Scheduling a meeting with local labor and employment lawyers

Anyone who thinks that they may have a valid harassment case should contact a local attorney in their area about the possibility of a lawsuit. Moore and Associates is a firm in Houston that focuses on helping harassment victims receive the help that they need. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 

713-222-6775 

www.mooreandassociates.net 

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