If you were discriminated against, harassed, or retaliated against at work in Texas, you cannot wait. Employment law claims come with strict filing deadlines — and if you miss them, you may permanently lose the right to sue, no matter how strong your case is.
This post explains every major deadline Texas employees need to know, organized by claim type. When in doubt, consult an employment attorney immediately — the clock may already be running.
EEOC Charge Deadline: 300 Days (Federal Claims)
For most federal employment discrimination claims — including race, sex, age, disability, national origin, religion, pregnancy, and retaliation — you must file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act.
Texas is a “deferral state,” meaning it has its own state agency (the Texas Workforce Commission Civil Rights Division) that shares jurisdiction with the EEOC. This deferral status is what gives Texas employees the extended 300-day window rather than the default 180-day federal deadline that applies in non-deferral states.
Claims covered by the 300-day EEOC deadline include:
- Race, national origin, and color discrimination (Title VII)
- Sex and gender discrimination, including sexual harassment (Title VII)
- Pregnancy discrimination (Pregnancy Discrimination Act)
- Age discrimination for workers 40 and older (ADEA)
- Disability discrimination and failure to accommodate (ADA)
- Religion discrimination (Title VII)
- Retaliation for engaging in protected activity under any of the above
Important: The 300-day clock starts from the date of the discriminatory act — not the date you were fired, not the date you learned the real reason, and not the date you retained an attorney. Each discrete act generally starts its own clock.
TWC Civil Rights Division Deadline: 180 Days (State Claims)
The Texas Workforce Commission Civil Rights Division enforces the Texas Commission on Human Rights Act (TCHRA), which mirrors federal anti-discrimination law at the state level. If you want to pursue a claim under state law, you must file with the TWC within 180 days of the discriminatory act.
In practice, most employees file a “dual-filed” charge simultaneously with both the EEOC and the TWC. The agencies have a worksharing agreement that allows one charge to be cross-filed with the other agency automatically. Your attorney can help ensure both deadlines are met with a single filing.
Filing with the TWC matters because it preserves your right to sue in Texas state court, which can be strategically important in some cases.
FMLA Retaliation Deadline: 2 Years (or 3 Years for Willful Violations)
If your employer retaliated against you for taking or requesting Family and Medical Leave Act (FMLA) leave — for example, by terminating you, demoting you, or cutting your hours — you do not need to file an EEOC charge first. FMLA claims are filed directly in federal court.
The statute of limitations is:
- 2 years from the date of the violation for ordinary FMLA violations
- 3 years from the date of the violation if the employer’s conduct was willful
While two years may seem like a long time, evidence grows stale quickly — witnesses forget, emails get deleted, and records become harder to obtain. Consulting an attorney as soon as you suspect FMLA retaliation is strongly advisable.
FLSA Retaliation and Wage Claims: 2 Years (or 3 Years for Willful Violations)
Claims under the Fair Labor Standards Act — including unpaid minimum wage, unpaid overtime, and retaliation for complaining about wage violations — also bypass the EEOC and are filed directly in court.
- 2 years for non-willful violations
- 3 years for willful violations
For wage claims, each paycheck that underpays you is a separate violation — so the clock runs from each pay period, not just the original pay arrangement. However, you can only recover back wages within the limitations period, so delay directly costs you money.
Workers’ Compensation Retaliation Deadline: 1 Year
Texas Labor Code § 451.001 prohibits employers from retaliating against employees who file a workers’ compensation claim. If you were fired, demoted, or otherwise punished for filing a workers’ comp claim, you have 1 year from the date of the retaliatory act to file a lawsuit in Texas state court.
No EEOC filing is required for workers’ compensation retaliation claims. The one-year deadline is strict — courts in Texas have shown little willingness to extend it.
Sabine Pilot (Wrongful Termination for Refusing an Illegal Act): 1 Year
Under the Texas Supreme Court’s decision in Sabine Pilot Service, Inc. v. Hauck, an employer cannot fire an employee solely because the employee refused to perform an illegal act. This is one of the narrow exceptions to Texas at-will employment.
Sabine Pilot claims are governed by Texas’s general personal injury statute of limitations: 2 years. However, because this is a common law tort claim, some courts have applied different analyses. Consulting an attorney promptly is essential.
Right to Sue Letter: 90 Days to File Suit
Once the EEOC issues you a Notice of Right to Sue (also called a “Right to Sue Letter”), you have 90 days to file a lawsuit in federal court. This is a hard deadline — federal courts routinely dismiss cases filed even one day late.
The EEOC typically issues a Right to Sue Letter after it closes its investigation, or you can request one early after 180 days have passed. If you receive one, contact an employment attorney immediately.
Breach of Employment Contract
If you have a written employment contract and your employer breached it, you generally have 4 years to sue under Texas’s statute of limitations for written contracts, or 2 years for oral contracts.
Why You Should Not Wait Until the Deadline
Meeting the legal deadline is the minimum — it only preserves your right to pursue a claim. Acting well before the deadline gives your attorney time to:
- Gather and preserve electronic evidence (emails, texts, performance reviews) before it is deleted
- Identify and secure witness statements while memories are fresh
- Draft a thorough, accurate EEOC charge that protects your legal theories
- Explore settlement before litigation becomes necessary
- Investigate whether your employer has a pattern of similar conduct
Deadline Summary Chart
| Claim Type | Filing Deadline | Where to File |
|---|---|---|
| Race, sex, age, disability, national origin discrimination (federal) | 300 days from act | EEOC |
| Same claims under Texas law (TCHRA) | 180 days from act | TWC Civil Rights Division |
| FMLA retaliation | 2 years (3 if willful) | Federal court (no EEOC required) |
| FLSA wage claims / retaliation | 2 years (3 if willful) | Federal court (no EEOC required) |
| Workers’ comp retaliation (Texas) | 1 year from act | Texas state court |
| Sabine Pilot (refuse illegal act) | 2 years from termination | Texas state court |
| Lawsuit after EEOC Right to Sue Letter | 90 days from receipt | Federal district court |
| Breach of written employment contract | 4 years | Texas state court |
Speak With a Texas Employment Attorney Now
If you believe your employer has discriminated against, harassed, or retaliated against you, do not wait. Jack Nichols is a Texas employment attorney with 28 years of experience representing employees in Austin, Houston, San Antonio, and across Texas. He offers free, confidential consultations and can tell you exactly where you stand — and how much time you have.
Call (512) 595-1269 or schedule a free consultation online. Don’t let a deadline end your case before it begins.