Texas Government Code 437.402 – Filing of Complaint; Form and Content; Service
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(a) A person claiming to be aggrieved by an unlawful employment practice under § 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.
Terms Used In Texas Government Code 437.402
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The complaint must state:
(1) that an unlawful employment practice under § 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 § 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.