To pursue most workplace discrimination claims in San Antonio, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission, generally within 180 to 300 days of the discriminatory act. That filing is a required step before you can take your case to court.
What Is the Deadline to File a Charge?
Time is the first thing that can sink a discrimination charge. Under Texas Labor Code § 21.202, you must file a complaint with the Texas Workforce Commission within 180 days of the discriminatory act, and the agency must dismiss anything submitted after that window closes. Missing it by even a day can be fatal to a claim.
Federal deadlines run longer in this state. Because Texas operates its own civil rights agency, a charge filed with the EEOC under federal law is subject to a 300-day limit, a gap that often surprises workers learning how Texas employment law overlaps with federal protections. Counting from the correct starting date matters as much as the deadline itself.
Who Is Eligible to File a Charge?
Not every workplace grievance qualifies as discrimination under the law. To bring a charge before the agency, your situation generally needs to meet a few baseline conditions:
- An employer with at least 15 workers (for most types of claims)
- Status as an employee, applicant, or former employee
- Treatment connected to a protected characteristic
- A job based in Texas or with a Texas employer
Protected characteristics include race, color, sex, religion, national origin, age, and disability, among others. If your circumstances meet these criteria, you likely have solid grounds to pursue an employment discrimination claim through the proper channels rather than letting the conduct go unanswered.
How Do You File Your Charge?
In order to file a charge, you can open it through several channels, and each one reaches the same agencies. Choose whichever option fits your circumstances best:
- Online through the EEOC public portal
- By phone to schedule an intake interview
- In person at the San Antonio field office
- By mail with a signed written statement
Texas is a dual-filing state, so a charge submitted to one agency is usually automatically cross-filed with the other agency. Handling EEOC claims correctly from the very start keeps both your state and federal options alive, which matters if one path later proves stronger than the other.
What Information Will You Need?
Gathering the right details before you begin makes the intake far smoother and faster. Have the following ready when you sit down to file:
- Your contact information and job title
- The employer’s name, address, and size
- Dates and descriptions of each incident
- Names of witnesses and anyone involved
- Documents such as emails, reviews, or pay records
The more specific your account, the easier it is for the investigator to assess. A clear timeline that ties each event to a protected trait carries far more weight than a broad complaint about feeling treated unfairly at work.
What Happens After You File Your Charge?
Once you file, the agency notifies your employer and opens an investigation into the allegations. Both sides may be asked to provide documents and written statements, and the agency frequently offers mediation as a faster path to resolution before making any formal finding.
Protect Your Claim Before the Filing Window Closes
Discrimination deadlines move quickly, and one missed date can end a valid claim before it ever begins. With more than 30 years of experience representing worker rights in employment law cases, at The Galo Law Firm, we can review your situation, calculate your real deadline, and prepare your charge the right way. Call [phonenumber] or contact us online today, and let our team protect your claim while the law still allows it.