TCHRA-TAC

RULE §819.41 Filing a Complaint

(a) A person may telephone, write, visit, e-mail, fax, or otherwise contact CRD [Civil Rights Division] or a local
commission office recognized by EEOC as a Fair Employment Practices Agency to obtain information on filing a
complaint with CRD.

(b) At the complainant's request, CRD:

(1) shall counsel with the complainant about the facts and circumstances that constitute the alleged unlawful
employment practice;

(2) shall assist the complainant in perfecting the complaint if the facts and circumstances appear to constitute an
alleged unlawful employment practice; or

(3) may advise the complainant if the facts and circumstances presented to CRD do not appear to constitute an
unlawful employment practice.

(c) The complaint shall be filed in writing and under oath, and may be filed with CRD by mail, fax, or in person with:

(1) the CRD office on a CRD-provided form;

(2) an EEOC office; or

(3) a local commission office recognized by EEOC as a Fair Employment Practices Agency.

(d) The complaint shall set forth the following information:

(1) Harm experienced by the complainant as a result of the alleged unlawful employment practice;

(2) Explanation, if any, given by the employer to the complainant for the alleged unlawful employment practice;

(3) A declaration of unlawful discrimination under federal or state law;

(4) Facts upon which the complaint is based, including the date, place, and circumstances of the alleged unlawful
employment practice; and

(5) Sufficient information to enable CRD to identify the employer, e.g., employer ID, business address, and
business phone.

(e) A complaint shall be filed within 180 days after the date on which the alleged unlawful employment practice
occurred.

(f) A complaint may be withdrawn by a complainant only with the consent of the CRD director.

(g) A perfected complaint may be amended by the complainant to cure technical defects or omissions, or to clarify
and amplify allegations made therein. Such amendment or amendments alleging additional acts that constitute
unlawful employment practices related to or growing out of the subject matter of the original complaint shall relate
back to the date the complaint was first filed. CRD shall provide a copy of the perfected complaint to the
respondent. An amended perfected complaint shall be subject to the procedures set forth in applicable law.

(h) A respondent shall be mailed a copy of the perfected complaint within 10 days after CRD receives the
perfected complaint. If CRD receives a complaint that is not perfected within 180 days of the alleged unlawful
employment practice, CRD shall notify the respondent that a complaint has been filed and the process of
perfecting the complaint is in progress.

(i) The complainant and respondent shall be notified periodically by CRD of the status of their perfected complaint,
unless the notice would jeopardize an undercover investigation by another state, federal, or local government.

RULE §819.42 Legal Representation

The complainant and respondent may be represented by an attorney or designated agent.

RULE §819.43 Investigation of a Perfected Complaint

(a) The CRD director shall determine the nature and scope of the investigation within the context of the allegations
set forth in the perfected complaint.

(b) CRD may, as part of a perfected complaint investigation, require a fact-finding conference with the complainant
and the respondent prior to a determination on a perfected complaint. A fact-finding conference primarily is an
investigative forum intended to define the issues, determine which elements are undisputed, and solicit information
regarding the allegations.

(c) At all reasonable times in the perfected complaint investigation, the CRD director shall have access to:

(1) necessary witnesses for examination under oath or affirmation; and

(2) records, documents, and other information relevant to the investigation of alleged violations of Texas Labor
Code, Chapter 21, for inspection and copying.

(d) As part of the perfected complaint investigation, CRD may request information relevant to the alleged violations
of Texas Labor Code, Chapter 21. In obtaining this information, CRD may use, but is not limited to using, any of
the following:

(1) Oral and video interviews and depositions;

(2) Written interrogatories;

(3) Production of documents and records;

(4) Requests for admissions;

(5) On-site inspection of respondent's facilities;

(6) Written statements or affidavits; or

(7) Other forms of discovery authorized by the Administrative Procedure Act, Texas Government Code
§§2001.081 - 2001.103, or the Texas Rules of Civil Procedure.

(e) CRD may establish time requirements regarding responses to requests for information relevant to an
investigation of alleged violations of Texas Labor Code, Chapter 21. The CRD director may extend such time
requirements for good cause shown.

(f) As part of a perfected complaint investigation, CRD may accept from the complainant or respondent a
statement of position or information regarding the allegations in the perfected complaint. CRD shall accept only a
sworn or affirmed written statement of position submitted by the respondent setting forth the facts and
circumstances relevant to an investigation of alleged violations of Texas Labor Code, Chapter 21.

RULE §819.44 Mediation

(a) Between filing of a complaint and prior to the cause determination, CRD may invite both the complainant and
the respondent to attempt to resolve their dispute through mediation. Either party to the perfected complaint may
also request mediation to resolve the complaint during this period.

(b) For mediation to occur, both the complainant and the respondent shall agree to the mediation. If there is no
agreement, CRD shall continue with the investigation of the perfected complaint.

(c) If the complainant and respondent reach a settlement and execute a written agreement disposing of the
perfected complaint, the agreement is binding and enforceable in the same manner as any other written contract.

(d) If mediation between the complainant and the respondent does not result in an agreement, CRD shall continue
to investigate the perfected complaint.

RULE §819.45 Subpoena

(a) The CRD director shall have the authority to sign and issue a subpoena to compel the attendance of
necessary witnesses for examination or testimony under oath or affirmation, and to compel the production of
records, documents, and other evidence relevant to the investigation of alleged violations of Texas Labor Code,
Chapter 21, for inspection and copying. Neither the complainant nor the respondent shall have the right to
demand that a subpoena be issued.

(b) A person served with a subpoena issued by the CRD director who does not intend to comply may petition CRD
in writing to revoke or modify the subpoena within five working days after receipt of the subpoena. Such petition
shall identify separately each portion of the subpoena with which the petitioner does not intend to comply, and for
each portion shall state the grounds upon which the petitioner relies. A copy of the subpoena shall be attached to
the petition. The CRD director shall review the petition and make a final determination on revoking or modifying
the subpoena. CRD shall mail a copy of the final determination on the petition to the petitioner.

(c) If a person fails to comply with a subpoena, CRD may apply to the district court of the county in which the
person is found, resides, or transacts business for an order directing compliance pursuant to Texas Labor Code
§21.306(b).

Source Note: The provisions of this §819.45 adopted to be effective September 27, 2005, 30 TexReg 6065

RULE §819.46 Dismissal of Complaint

(a) The CRD director may dismiss a complaint if:

(1) it is not filed timely;

(2) it fails to state a claim under Texas Labor Code, Chapter 21;

(3) a complainant fails to perfect a complaint within 10 days of the receipt of the complaint; or

(4) a complainant fails to cooperate, fails or refuses to appear or to be available for interviews or conferences, or
fails or refuses to provide requested information. Prior to dismissing the complaint, the complainant shall be
notified and given a reasonable time to respond.

(b) CRD shall notify the complainant and the respondent, and any agencies, as required by law, by mail of its
dismissal of a complaint.

(c) CRD shall notify the complainant, by mail, of the complainant's right to file a civil action against the respondent
named in the perfected complaint pursuant to Texas Labor Code §21.208 and §21.252, and §819.50 of this
subchapter.

RULE §819.47 Cause Determination

(a) The CRD director shall review the investigation report and record of evidence to determine if there is
reasonable cause to believe the respondent has engaged in an unlawful employment practice.

(b) If after the review, the CRD director determines that reasonable cause exists, the CRD director shall confer
with a panel of three commissioners of the Commission on Human Rights, as identified by the chair of the
Commission on Human Rights. If at least two of the three commissioners concur with the CRD director's
determination that the respondent has engaged in an unlawful employment practice, the CRD director shall issue
a letter of cause determination. The cause determination letter shall be mailed to the complainant, respondent,
and any agency as required by law and shall contain the CRD director's finding that the evidence supports the
perfected complaint and include an invitation to participate in conciliation.

RULE §819.48 Conciliation

(a) When a letter of cause determination has been issued, CRD shall attempt to eliminate such unlawful
employment practice by conciliation, and to secure a just resolution through a conciliation agreement signed by
the complainant, respondent, and the CRD director.

(b) CRD shall obtain proof of the respondent's compliance with a conciliation agreement before the case is closed.

(c) CRD shall notify the complainant and respondent by mail of an unsuccessful conciliation agreement. CRD shall
then inform the complainant by mail of the complainant's right to file a civil action against the respondent named in
the perfected complaint, pursuant to Texas Labor Code §§21.208 - 21.252.

RULE §819.49 No Cause Determination

A completed investigation may result in a determination that there is no reasonable cause to believe that the
respondent has engaged in an unlawful employment practice as alleged in the perfected complaint. If after the
review, the CRD director determines that no reasonable cause exists, the CRD director shall issue a letter of no
cause determination. The no cause determination letter shall be mailed to the complainant, respondent, and any
agency as required by law and shall contain the CRD director's finding that the evidence does not support the
perfected complaint.

RULE §819.50 Right to File a Civil Action

(a) CRD shall inform the complainant by mail of:

(1) the dismissal of a complaint filed with CRD; or

(2) the expiration of 180 days after the date of filing of an unresolved complaint and the complainant's right to
request from CRD a notice of right to file a civil action. Upon receipt of a written request, CRD shall issue a notice
of right to file a civil action.

(b) Before the expiration of 180 days after filing the complaint and upon a written request from a complainant, CRD
shall issue a notice of right to file a civil action if:

(1) written confirmation by a physician licensed to practice medicine in Texas states that the complainant has a life
threatening illness; or

(2) certification by the CRD director states that the administrative processing of the perfected complaint cannot be
completed before the expiration of the 180th day after the complaint was filed. The certification shall take into
account the exigent circumstances of the complainant.

(c) The complainant's written request shall include the respondent's name, CRD complaint number, and EEOC
complaint number if the complaint has been deferred by EEOC. CRD shall issue notice by mail no later than the
fifth business day after receipt of the complainant's request.

RULE §819.51 Failure to Issue Notice of Right to File a Civil Action

CRD's failure to issue a notice of right to file a civil action after 180 days from the date the complaint is received by
CRD does not affect the complainant's right to bring a civil action against the respondent under Texas Labor Code
§21.252(d).

RULE §819.52 Judicial Enforcement

(a) CRD may bring a civil action against a respondent named in a perfected complaint pursuant to the
requirements of Texas Labor Code §21.251.

(b) Upon a determination by CRD to bring a civil action, it shall notify the complainant by certified mail.

(c) On a majority vote of the Commission on Human Rights, CRD may pursue intervention in a civil action pursuant
to the requirements of Texas Labor Code §21.255.