Sec. 437.402. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE. (a) A person claiming to be aggrieved by an unlawful employment practice under Section 437.204 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 under Section 437.204 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 commission 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 an unlawful employment practice under Section 437.204 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
Structure Texas Statutes
Subtitle C - State Military Forces and Veterans
Subchapter I. Administrative Review and Judicial Enforcement
Section 437.402. Filing of Complaint; Form and Content; Service
Section 437.403. Alternative Dispute Resolution
Section 437.404. Investigation by Commission
Section 437.405. Lack of Reasonable Cause; Dismissal of Complaint
Section 437.406. Determination of Reasonable Cause; Review by Panel
Section 437.407. Resolution by Informal Methods
Section 437.408. Notice of Dismissal or Unresolved Complaint
Section 437.409. Temporary Injunctive Relief
Section 437.410. Civil Action by Commission
Section 437.411. Notice of Complainant's Right to File Civil Action
Section 437.412. Civil Action by Complainant
Section 437.413. Commission's Intervention in Civil Action by Complainant
Section 437.414. Assignment to Early Hearing
Section 437.415. Injunction; Equitable Relief
Section 437.416. Compensatory and Punitive Damages
Section 437.417. Attorney's Fees; Costs