Employee complains to TCHR? OK to end internal grievance — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee complains to TCHR? OK to end internal grievance

by on
in Discrimination and Harassment,Human Resources

Many employers have in­­ternal grievance procedures for em­­ployees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Com­­mis­­sion on Human Rights (TCHR)?

Do you have to keep going with the internal process? No, you don’t.

Recent case: Nicolas was terminated from his job with Hidalgo County. He filed an internal grievance alleging discrimination. While the process was still going forward, he filed a dis­­crimination complaint with the TCHR.

The county then ended the grievance process and Nicolas added retaliation to his lawsuit. A jury awarded Nicolas $100,000.

On appeal, that was reversed. The court said that ending the grievance didn’t harm Nicolas since he had simply chosen litigation instead. That’s not retaliation. (Cantu v. Hidalgo County, No. 13-11-00245, Court of Appeals, 13th District, 2012)

Leave a Comment