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Can you summarize 40 TXAC Chapter 819, Subchapter D?
CIVIL RIGHTS DIVISION > EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS
Short Summary
This document governs the process for Equal Employment Opportunity complaints and appeals within the Civil Rights Division (CRD) of the Texas Workforce Commission. It outlines the procedures for informing the complainant of the dismissal or failure to resolve a complaint, as well as the complainant’s right to request a notice of right to file a civil action against the respondent. The CRD may issue a notice of right to file a civil action upon receipt of a written request. Additionally, the document specifies that a notice of right to file a civil action shall be issued if the complainant has a life-threatening illness confirmed by a licensed physician or if the administrative processing of the complaint cannot be completed within 180 days. The complainant’s written request should include the respondent’s name, CRD complaint number, and EEOC complaint number if applicable. 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 sent by mail, or electronic communication upon agreement of the person or entity, 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. 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. CRD shall obtain proof of the respondent’s compliance with a conciliation agreement before the case is closed. CRD shall provide notification of an unsuccessful conciliation agreement to the complainant by certified mail and the respondent by mail. The document also outlines the process for determining reasonable cause in Equal Employment Opportunity complaints. The CRD director reviews the investigation report and evidence to determine if there is reasonable cause to believe the respondent has engaged in an unlawful employment practice. If reasonable cause is found, the CRD director confers with the Commission members, and if at least two of the three members agree, a letter of cause determination is issued. This letter is provided to the complainant, respondent, and any required agency, stating the CRD director’s finding and inviting participation in conciliation. The provision was adopted in 2005 and has been amended in 2014 and 2016.
Whom does it apply to?
Complainants, respondents, and any agency involved in the complaint process
What does it govern?
Equal Employment Opportunity complaints and appeals process within the Civil Rights Division (CRD) of the Texas Workforce Commission
What are exemptions?
No specific exemptions are mentioned
What are the Penalties?
No specific penalties for non-compliance or violation are mentioned
Jurisdiction
Texas