The Law Office of Blerim Elmazi
How to Sue for Discrimination in Texas
Discrimination can show up almost anywhere: at work, while looking for housing, at a hotel or restaurant, or even in a school setting. When it happens, it can feel isolating and it can be hard to know whether what you experienced is actually illegal, let alone what to do about it. At Elmazi Law, we represent victims of discrimination throughout Dallas/Fort Worth, and we regularly hear from people who have faced unfair treatment because of their race, disability, sex, religion, or other protected characteristics.
This guide walks through what counts as illegal discrimination in Texas, the most common types of claims we see, who can be held responsible, and the step-by-step process for filing a lawsuit.
What Counts as Illegal Discrimination in Texas?
Discrimination is illegal when someone is treated unfairly because of a legally “protected characteristic.” Both federal and Texas law prohibit discrimination based on:
- Race or color
- National origin
- Sex, including pregnancy
- Religion
- Disability
- Age (40 and older, in employment)
- Familial status (in housing)
Federal protections come from laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Fair Housing Act. In Texas, the Texas Labor Code Chapter 21 and the Texas Fair Housing Act provide similar protections at the state level. In many cases, a single incident of discrimination can violate both federal and state law at the same time, which can affect where and how you file your claim.
What Counts as Illegal Discrimination in Texas?
Discrimination doesn’t always look the same, and it isn’t limited to one setting. Some of the most common situations we help people with include:
Workplace Discrimination — being fired, demoted, denied a promotion, or subjected to a hostile work environment because of a protected characteristic. This also includes retaliation against an employee for reporting discrimination or taking legally protected leave.
Housing Discrimination — being denied housing, refused a reasonable accommodation for a disability, or facing retaliation from a landlord or property management company after raising a complaint or filing a lawsuit. We regularly hear from tenants who did everything right and were still hit with a sudden notice to vacate or denial of a lease renewal shortly after standing up for themselves.
Public Accommodation Discrimination — unequal treatment at a hotel, restaurant, retail store, or other business open to the public, including being denied service or treated differently based on race or another protected characteristic.
Education Discrimination — students being denied appropriate accommodations for a disability, or families facing retaliation from a school district after reporting bullying, harassment, or a civil rights complaint.
Retaliation Claims — in nearly every category above, retaliation is one of the most common issues we see. It is illegal for an employer, landlord, or school to punish someone for reporting discrimination or asserting their legal rights, and retaliation claims are often just as strong, if not stronger, than the underlying discrimination claim.
Step-by-Step: How to File a Discrimination Claim in Texas
Step 1: Document Everything
Discrimination cases are often won or lost on documentation. Keep a written record of what happened, including dates, times, locations, and the names of anyone involved or who witnessed the incident. Save relevant emails, text messages, performance reviews, lease documents, or any other paperwork connected to the situation.
Step 2: File an Administrative Complaint First
Unlike many personal injury claims, most discrimination claims cannot go straight to a lawsuit. Depending on the type of discrimination, you generally need to file an administrative complaint first:
- Employment discrimination — file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division. You generally have 180 days from the incident to file, which extends to 300 days because Texas has its own state discrimination law.
- Housing discrimination — file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the last discriminatory act, or go straight to court within two years.
- Disability discrimination — depending on the setting, this may fall under ADA complaint procedures, EEOC procedures, or HUD procedures.
Missing an administrative filing deadline can permanently bar an otherwise strong case, which is why it’s important to act quickly.
Step 3: Consult a Discrimination Attorney
An experienced attorney can evaluate which laws apply to your situation, whether you’ve met the required filing deadlines, and what evidence you’ll need going forward. Many discrimination cases involve overlapping federal and state deadlines, and an attorney can help make sure nothing falls through the cracks.
Step 4: Investigate and Build Your Case
Once an attorney is involved, the investigation typically expands to include company or property records, prior complaints against the same employer, landlord, or business, internal policies, and witness statements. This step often reveals a pattern of conduct that strengthens the overall claim.
Step 5: Receive Your Right-to-Sue Notice and File
For most employment claims, the EEOC or TWC will eventually issue a “right-to-sue” letter, which allows you to move forward with a lawsuit in court. Housing and public accommodation claims may proceed differently depending on whether the administrative agency resolves the complaint or refers it out. Your attorney will draft and file a formal complaint outlining the claims, the parties involved, and the damages being sought.
Step 6: Litigation and Resolution
Many discrimination cases resolve through negotiated settlements once liability becomes clear. Others proceed through discovery, depositions, and potentially trial. An experienced attorney can help you understand what to expect at each stage and advocate for the strongest possible outcome.
What Damages Can You Recover?
Depending on the type of claim, you may be able to recover:
- Back pay and front pay (lost wages, past and future)
- Compensatory damages for emotional distress
- Punitive damages, in cases involving especially egregious conduct
- Reinstatement or policy changes
- Attorney’s fees and litigation costs
The value of a discrimination case depends heavily on the strength of the evidence, the severity of the harm, and how many parties can be held responsible.
How Long Do You Have to File a Discrimination Claim in Texas?
Discrimination claims move on strict, and often short, timelines compared to many other types of civil claims. In general:
- Employment claims: 180 days to file with the EEOC or TWC (extended to 300 days in Texas)
- Housing claims: 1 year to file with HUD, or 2 years to file a lawsuit directly in court
- Public accommodation and education claims: deadlines vary depending on the law and agency involved
Because these deadlines are far shorter than most people expect, it’s important to speak with an attorney as soon as possible after a discriminatory incident, even if you’re still unsure whether you have a case.
Frequently Asked Questions About Discrimination Claims
Do I have to file with a government agency before I can sue?
In most employment and housing discrimination cases, yes. You generally need to file an administrative complaint first and receive a right-to-sue notice or allow the agency’s process to conclude before filing a lawsuit.
Can I be fired for reporting discrimination?
No. Retaliation for reporting discrimination is illegal, whether at work, in housing, or at school. If you were punished after speaking up, you may have a separate retaliation claim in addition to your original discrimination claim.
What if my employer has fewer than 15 employees?
Federal law generally applies to employers with 15 or more employees, but the Texas Labor Code may still apply depending on the employer’s size. An attorney can help determine which laws cover your situation.
How long does a discrimination case take?
It varies widely. Administrative complaints can take several months to over a year, and a lawsuit that follows may take additional time depending on whether it settles or proceeds to trial.
Do I have to pay upfront legal fees?
Many discrimination cases are handled on a contingency fee basis, meaning you pay nothing upfront and attorney’s fees are paid only if compensation is recovered.
When to Contact a Texas Discrimination Attorney
If you believe you’ve experienced discrimination in the workplace, in housing, at a business, or at school, the most important thing you can do is act quickly given how short many of these filing deadlines are. Elmazi Law represents clients throughout Dallas/Fort Worth in discrimination and civil rights cases, and consultations are both free and confidential.
Contact our office today for a free, confidential consultation: elmazilaw.com/contact-us