Employment discrimination claims are a significant legal process in which workers in El Paso, Texas, who have experienced unfair treatment due to their race, gender, age, religion, disability, or other protected categories, can seek justice. Discrimination in the workplace can take many forms and may involve unequal pay, wrongful termination, harassment, or denial of benefits. If you find yourself in such a situation, it’s important to know your rights and the steps you can take to protect them. This comprehensive guide will walk you through how to file an employment discrimination claim in El Paso, Texas in 2025, detailing each step of the process, what to expect, and how to maximize your chances of success.
Understanding Employment Discrimination in El Paso 
Employment discrimination occurs when an employer treats an employee unfairly based on characteristics that are protected under federal and state laws. These protected characteristics include:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information
It’s important to understand that discrimination can happen at any stage of employment—from hiring to firing, promotions, job assignments, or even workplace policies. Common examples include:
- Unequal pay or compensation: Two employees doing the same job, but one is paid less because of race or gender.
- Harassment: This can involve offensive jokes, slurs, or other conduct that creates a hostile work environment.
- Wrongful termination: Being fired based on a protected characteristic, such as being dismissed because of your age or disability.
- Failure to accommodate: Not providing reasonable accommodations for a disability when it’s required by law.
If you believe that you have been a victim of discrimination, it’s crucial to take immediate steps to document the behavior and understand your options for legal recourse.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Step 1: Documenting the Discriminatory Behavior
The first and most important step in filing a claim is documenting everything. The more details you have, the stronger your case will be. Take the time to record every instance of discriminatory behavior, including:
- The Date and Time: Make a note of when the incident occurred, as the timeliness of your complaint matters in the filing process.
- What Happened: Write a detailed description of the incident. Include specific actions, comments, or decisions that you believe were discriminatory.
- Witnesses: If anyone witnessed the incident, make sure to record their names and contact information. Witness statements can be crucial evidence.
- Emails or Written Communications: If the discrimination was communicated through email, text messages, or memos, be sure to save these records. They can provide solid evidence to back up your claims.
Documentation serves as critical evidence that will be used when you file a formal complaint, either with your employer, the Equal Employment Opportunity Commission (EEOC), or the Texas Workforce Commission (TWC).
Step 2: Reporting the Discrimination Internally
Before filing a formal claim, it’s often best to report the issue internally within your company. Many employers have grievance procedures in place that allow employees to file complaints without going outside the organization. If your workplace has a Human Resources (HR) department or an internal ethics committee, report the incident to them.
When reporting internally, ensure that your complaint is taken seriously by:
- Writing a formal complaint: Submit your grievance in writing so you have a record of the report. If you have documentation of the incidents, include them.
- Detailing the discrimination clearly: Be specific about the incidents, including dates and individuals involved.
- Requesting a resolution: You can request that the issue be addressed, whether through mediation, training, or corrective action.
Reporting internally first may resolve the issue without the need for formal legal action, but if the issue persists or your employer fails to act, you may need to pursue other options.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Step 3: File a Complaint with the EEOC or TWC
If internal reporting doesn’t resolve the issue or if you prefer to take legal action right away, the next step is to file a formal complaint with the EEOC or TWC.
Filing with the Equal Employment Opportunity Commission (EEOC)
The EEOC is responsible for enforcing federal laws against workplace discrimination. Here’s what you need to know about filing with the EEOC:
- Time Limit: You must file your complaint with the EEOC within 180 days of the discriminatory incident. If the discrimination is also covered under state law, the time limit is extended to 300 days.
- Process: The EEOC will investigate your claim. They may interview witnesses, review company records, and assess whether there is enough evidence to support your claim.
- Outcome: If the EEOC finds that discrimination occurred, they will attempt to mediate a resolution. If mediation fails, the EEOC may file a lawsuit on your behalf or provide you with a “Right to Sue” letter, allowing you to file a lawsuit on your own.
Filing with the Texas Workforce Commission (TWC)
The TWC enforces state laws regarding discrimination in Texas. Similar to the EEOC, the TWC handles complaints related to Texas-specific laws. You can file a complaint with the TWC if:
- You are filing for a claim under Texas law: If the incident occurred under state jurisdiction or if you missed the federal deadline.
- Time Limit: You must file with TWC within 180 days of the discriminatory event.
- TWC Process: Similar to the EEOC, the TWC will investigate the matter and either resolve the case or give you a “Right to Sue” letter.
In many cases, filing with the EEOC and the TWC will occur simultaneously as both agencies share a dual filing system, which helps streamline the process.
Step 4: Seek Legal Advice from an Employment Attorney
Navigating the legal process of filing a discrimination claim can be complex, especially when dealing with large companies or sophisticated employers. It is highly recommended that you seek guidance from an experienced employment law attorney.
An attorney will:
- Advise you on your rights: An attorney can help you understand which laws apply to your situation, whether at the federal or state level.
- Assist with documentation: Your attorney will help you organize and present your evidence, ensuring that you have a strong case.
- Represent you during mediation or trial: If the case proceeds to court, having an attorney will help you navigate the complexities of the legal system.
An attorney can also help you understand what damages you might be entitled to, such as back pay, front pay, emotional distress damages, and even punitive damages in certain circumstances.
Step 5: Consider the Legal Process
Once you file a claim, it may go through various stages. Initially, the EEOC or TWC will conduct an investigation. If the agencies determine there is enough evidence to support your claim, they may initiate mediation, which is a way to reach a settlement outside of court.
If a settlement isn’t reached, your case may proceed to trial. At trial, both parties will present their arguments and evidence, and a judge or jury will determine whether discrimination occurred and what damages you are owed.
Filing an employment discrimination claim in El Paso requires attention to detail, patience, and knowledge of the legal process. By documenting discriminatory behavior, reporting the issue internally, filing a complaint with the appropriate agencies, and seeking legal advice, you can take steps toward holding your employer accountable for their actions.
The Chavez Law Firm is here to help you navigate this complex process. If you are facing discrimination at work, reach out to us today for a free consultation. Our team is committed to helping employees in El Paso protect their rights and seek justice for workplace discrimination.
If you are ready to file an employment discrimination claim or need assistance understanding your rights, don’t hesitate to contact Chavez Law Firm. Our expert attorneys are here to guide you every step of the way.