EEOC deadlines in Texas: 180 days or 300 days?

Why there are two deadlines

Federal law gives you 180 days to file an EEOC charge. That stretches to 300 days in states that have their own agency enforcing a law against the same kind of discrimination. Texas does: Chapter 21 of the Texas Labor Code, enforced by the Texas Workforce Commission Civil Rights Division. So for EEOC charges about race, color, religion, sex, national origin, disability, genetic information, retaliation, and age, the EEOC deadline in Texas is 300 days.

Texas law sets its own, shorter deadline for complaints under Chapter 21: 180 days. Since September 1, 2021, complaints of sexual harassment under Texas law get 300 days instead.

Texas deadlines at a glance

A charge filed with the EEOC is automatically filed with the Texas Workforce Commission, and the other way around, so one filing can protect both deadlines if it's made in time.

Why the 180-day deadline still matters

It's tempting to think the longer federal deadline is the only one that counts. But Texas claims can matter a great deal:

• A lawsuit with only Texas claims is harder for an employer to move from state court to federal court.
• Texas sexual harassment law covers employers with as few as one employee, while the federal law covers employers with 15 or more. It also reaches people who act directly in the employer's interests, not just the company.
• They give you a second set of claims if a federal claim runs into trouble.

If you file on day 200, your federal claims can still be on time, but most of your Texas claims are gone. Filing within 180 days avoids that choice.

How to count the days

• Calendar days. Weekends and holidays count. If the last day lands on a weekend or holiday, the EEOC treats the deadline as the next business day.
• Start with the decision, not the last day of work. For a firing or demotion, the clock generally starts when you're told about the decision, even if your last day comes later.
• Each act has its own clock. A denied promotion, a write-up, a pay cut and a firing each has its own deadline. Older acts can fall outside the window even when the latest one is on time.
• Harassment is the exception. For an ongoing hostile work environment, the charge is on time if at least one incident happened within the deadline, and the EEOC looks at the whole pattern.
• Unequal pay. Under federal law, each paycheck affected by pay discrimination starts a new 300-day period. Texas law is stricter: the Texas Supreme Court has held that the 180 days runs from the pay decision itself.
• Internal complaints don't stop the clock. HR investigations, appeals, union grievances, mediation and arbitration generally don't pause the deadline.

If you missed the deadline

Don't assume it's over. Courts can extend a deadline in rare situations, such as when an employer misled you about your rights. A more recent act may have its own deadline that hasn't passed. And some claims don't go through the EEOC at all and have longer deadlines, for example:

• race discrimination claims under 42 U.S.C. § 1981 for firing or harassment, generally 4 years (some other § 1981 claims, like failure to hire, 2 years)
• Family and Medical Leave Act claims, 2 years (3 if willful)
• Equal Pay Act claims, 2 years (3 if willful)

A lawyer can tell you which of these fit your facts. If you're near any deadline, call or start a free case review today.