From: Staffing
Texas Whistleblower Protection
Whistleblower Protections
Texas’ general whistleblower protection provisions are found in the Texas Employment Discrimination Law at Tex. Lab. Code § 21.055. The law covers labor unions, employment agencies, agents of employers, elected public officials, and any person engaged in an industry affecting commerce and employing 15 or more employees. The law also covers counties, municipalities, state agencies, and public institutions of education — regardless of the number of employees.
Pursuant to the law, an employer, labor union, or employment agency commits an unlawful employment practice by retaliating or discriminating against a person who:
- Opposes a discriminatory practice.
- Makes or files a charge.
- Files a complaint.
- Participates in any manner in an investigation, proceeding, or hearing.
Procedures/Enforcement
The Texas Commission on Human Rights enforces the Texas Employment Discrimination Law. Individuals claiming to be aggrieved by unlawful employment practices may — within 180 days of the alleged violation — file a written complaint, under oath, with the Texas Commission on Human Rights. The executive director or a commission staff member must investigate the complaint and determine if reasonable cause exists to believe that the employer engaged in an unlawful employment practice.
If the executive director determines that reasonable cause does not exist, the director must dismiss the complaint. If the commission dismisses or does not resolve the complaint before the 181st day after the complaint was filed, the commission must issue a notice of the complainant’s right to file a civil suit. The complainant has 60 days after the notice is received to file civil action.
If the director determines that reasonable cause exists to believe the employer engaged in an unlawful employment practice, the commission must try to eliminate the unlawful act through conference, conciliation, and persuasion. The commission may bring a civil suit against the employer if informal methods are unsuccessful.
Penalties
Employers who violate the law may be subjected to an injunction, ordered to hire, reinstate, or upgrade an employee or other forms of equitable relief, or required to pay compensatory or punitive damages. Compensatory and punitive damages are capped at the following amounts:
- $50,000 for employers with fewer than 101 employees.
- $100,000 for employers with more than 100 and fewer than 201 employees.
- $200,000 for employers with more than 200 and fewer than 501 employees.
- $300,000 for employers with more than 500 employees.
Government employers are not subject to punitive damages. Attorneys’ fees, costs, and expert fees may also be assessed.
Public Employee Whistleblower Protection
The Texas Whistleblower Act is located at Tex. Govt. Code §§ 554.001 – 554.010. Pursuant to the law, state and local entities may not suspend, terminate, or take any other adverse action against a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.
Under this section, a report is made to an appropriate law enforcement authority if the authority is a part of a state or local governmental entity or of the federal government that the employee in good faith believes is authorized to:
- Regulate under or enforce the law alleged to be violated in the report.
- Investigate or prosecute a violation of criminal law.
Posting
State and local government entities must post signs in prominent places in the workplace informing employees of their rights.
Penalties
Supervisors who violate the law are liable for a civil penalty of up to $15,000.
Remedies
A public employee whose employment is suspended or terminated or who is subjected to an adverse personnel action is entitled to sue for the following:
- Injunctive relief.
- Actual damages.
- Court costs.
- Reasonable attorney fees.
In addition to the relief, a public employee whose employment is suspended or terminated in violation of the law is entitled to the following:
- Reinstatement to the employee’s former position or an equivalent position.
- Compensation for wages lost during the period of suspension or termination.
- Reinstatement of fringe benefits and seniority rights lost because of the suspension or termination.
In a suit against an employing state or local governmental entity, a public employee may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses in an amount that exceeds:
- $50,000, if the employing state or local governmental entity has fewer than 101 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.
- $100,000, if the employing state or local governmental entity has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.
- $200,000, if the employing state or local governmental entity has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.
- $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.
