What is the process for filing a disability discrimination complaint?
In Texas, the process for filing a disability discrimination complaint is relatively straightforward. First, a person must fill out an Intake Questionnaire and send it to the Texas Workforce Commission’s Civil Rights Division. The questionnaire can be found on the TWC website or from the TWC’s local office. It is important to include detailed information about the possible discrimination such as place of employment, dates that the discrimination occurred, any witnesses to the discrimination, and other information. Once the Intake Questionnaire has been received, the TWC will review the complaint and decide if there is cause for action. If they decide to take action, they will forward the documentation to the Equal Employment Opportunity Commission (EEOC) to investigate and issue a right to sue letter. If the EEOC finds that a violation of the law has occurred, the TWC will issue a notice of right to sue letter which grants the person the right to file a disability discrimination complaint in state court. In Texas, this must be done within two years of the discrimination taking place. Once the complaint has been filed, the court will decide if a person’s rights were violated and what if any relief should be awarded. Depending on the outcome, the person may receive monetary compensation, changes in policies and procedures, or other remedies. If a person is unsatisfied with the outcome of the court proceedings, they can appeal the ruling to a higher court. It is important to understand the rights of individuals with disabilities as well as the legal process for filing a disability discrimination complaint in Texas.
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