Chapter § 4-60 § 21.201. Filing of Complaint; Form and Content; Service

• Jurisdiction: United States

4-60 § 21.201. Filing of Complaint; Form and Content; Service

(a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission.

(b) The complaint must be in writing and made under oath.

(c) The complaint must state:

(1) that an unlawful employment practice has been committed;

(2) the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and,

(3) facts sufficient to enable the commission to identify the respondent.

(d) The executive director or the executive director's designee shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.

(e) A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.

(f) An amendment to a complaint alleging additional facts that constitute unlawful employment practices relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.

(g) If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.

4-60:1 Commentary

4-60:1.1 Exhausting Administrative Remedies

Determining whether a plaintiff has exhausted all administrative remedies, and is thus entitled to bring suit, is often a complex issue dependent upon several factors. If the plaintiff, for example, does not fully cooperate with the administrative agency during its investigation, has he exhausted administrative remedies and is, thus, entitled to file suit?

• City of Corpus Christi v. Portella, No. 13-09-00660, 2010 Tex. App. LEXIS 2111 (Tex. App.—Corpus Christi Mar. 25, 2010) (city sued for discrimination; asserts as defense that plaintiff did not "fully" exhaust her administrative remedies because she was uncooperative with the EEOC investigation; court rejects argument and holds that a "plaintiff's entitlement to a right-to-sue letter signals that she has satisfied the exhaustion requirement"; suit thus not subject to dismissal).

Federal law is not in agreement on the effect of lack of cooperation on the issue of complete exhaustion of administrative remedies.

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