Case: Bunker V. Dow Chemical Co., 111 F.4th 683 (5th Cir. 2024)
If you think that you have an Equal Employment Opportunity Commission (EEOC) claim, our New Mexico work discrimination lawyer is available for a free consultation to discuss your situation.
The Short Story
A worker filed an EEOC charge but didn’t check the box asking the EEOC to transmit the charge to the Texas Workforce Commission (TWC).
What The Court Decided
Predicting Texas law, the Fifth Circuit held a Chapter 21 lawsuit is barred if the worker fails to ask the EEOC to cross‑file with TWC. EEOC alone is not enough to preserve Texas claims.
What This Means For Texas Employees
If you want to keep both federal and Texas options open, make sure the EEOC charge is “dual‑filed” with TWC. The simple step of checking the box can save your state-law claims.
If you are being discriminated against at work or have other employer related issues, the dedicated team at Davie & Valdez P.C. is here to help. We offer free case evaluations and work on a contingency basis. This means that if we don’t recover compensation for you, you do not owe us any fees. Reach out to us today.