Dallas Employment Trial Lawyer Cassidy Monska
If you’re experiencing discrimination or harassment at work, your first instinct may be to tell someone, but how you report it can make a significant difference in how your complaint is handled and whether you’re protected under the law.
Why Reporting Is Essential
Texas and federal law protect employees from discrimination and harassment based on protected characteristics, including race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (over 40), disability, and more. These laws also protect you from retaliation for reporting discrimination or harassment or participating in an investigation.
Reporting to HR or your company is often the first step. Many employers have policies requiring you to report concerns to a supervisor, manager, or human resources. If your employer doesn’t have HR, report to someone in authority. If the person harassing you is your supervisor, you can report to someone else in the organization.
Be Specific
One of the most common mistakes employees make is reporting vague complaints, such as “I’m being bullied.” While bullying is unacceptable, employment laws specifically protect against harassment and discrimination based on protected classes. For example, saying “My supervisor is harassing me because of my disability,” or “My coworker is making offensive comments about my race,” is much more effective than simply saying “I’m being bullied” or “I’m being harassed.”
Specificity helps HR and investigators understand the nature of your complaint, triggers the company’s legal obligations, and preserves your rights. It also helps agencies like the TWC and EEOC determine whether your complaint falls under the law.
What to Include in Your Report
When reporting, include:
- The protected class involved (race, sex, disability, etc.)
- Specific actions or comments (e.g., “My manager called me a racial slur,” or “I was denied a promotion after disclosing my pregnancy.”)
- Dates, times, and witnesses, if possible
- Any retaliation you’ve experienced after reporting
A written complaint is strongly preferred, but not always required. Written reports create a record and help ensure your concerns are taken seriously.
Why Specificity Protects You
Texas law (and federal law) prohibits retaliation against employees who report discrimination or harassment in good faith. However, your complaint must be clear enough to show you’re reporting conduct based on a protected characteristic. Vague complaints may not trigger legal protections, and agencies may dismiss your case if they can’t identify a protected class or specific unlawful conduct.
Deadlines Matter
In Texas, you generally have 180 days to file a complaint with the TWC, and 300 days for federal claims with the EEOC. Don’t wait – talk to a lawyer, report promptly, and keep records of your communications.
What Happens Next
Once you report, your employer should conduct a prompt, thorough, and impartial investigation. Your identity and the details of your complaint should be kept confidential to the extent possible. If harassment or discrimination is found, your employer must take corrective action. You are protected from retaliation for reporting or participating in an investigation.
Final Thoughts
Reporting discrimination or harassment is never easy but being specific about what happened and why you believe it’s unlawful is critical. If you’re unsure how to report or what to say, consider consulting an employment attorney. At our Dallas law firm, we help employees navigate these issues every day.
If you believe you’ve experienced discrimination, harassment, or retaliation at work, contact us for a confidential consultation. Protect your rights by speaking up and remember to be specific!