(a) A person may telephone, write, visit, e-mail, fax,
or otherwise contact CRD 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 confer with the complainant about the facts
and circumstances that may 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 either
signed under oath or subscribed by the person making the declaration
as true under penalty of perjury and in substantially the form prescribed
by Texas Civil Practice and Remedies Code, Chapter 132, or its successor
statute. It may be filed with CRD by mail, electronic communication,
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 or,
for a complaint alleging sexual harassment, within 300 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(f) A complaint may be withdrawn by a complainant only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
or, for a complaint alleging sexual harassment, within 300 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 advised
upon request by CRD of the status of their perfected complaint, unless
doing so would jeopardize an undercover investigation by another state,
federal, or local government.
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Source Note: The provisions of this §819.41 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659; amended to be effective December 5, 2022, 47 TexReg 8051 |