Information on Chapter 21 can be found here.

An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under this chapter:

(1) opposes a discriminatory practice;

(2) makes or files a charge;

(3) files a complaint; or

(4) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.

Tex. Lab. Code § 21.055. Opposition to a discriminatory practice is a protected activity irrespective of the merits of the underlying discrimination claim. San Antonio Water Sys. v. Nicholas, 461 S.W.3d 131, 137 (Tex. 2015). However, to establish an employee opposed a discriminatory practice, the employee must demonstrate a good-faith, reasonable belief that the underlying discriminatory practice violated [Chapter 21]. Id. When a plaintiff argues she opposed a discriminatory practice, "the relevant conduct does not include conduct that actually occurred . . . but was unknown to the person claiming [retaliation]." Id. To invoke the protections of Section 21.055, the conduct relied on by the employee "must, at a minimum, alert the employer to the employee's reasonable belief that unlawful discrimination is at issue." Tex. DOT v. Lara, 625 S.W.3d 46, 59 (Tex. 2021). Although "'[m]agic words' are not required to invoke the TCHRA's anti-retaliation protection", "complaining only of 'harassment,' 'hostile environment,' 'discrimination,' or 'bullying' is not enough." Id. at 60.

Simply put, even if an underlying claim of discrimination is weak, it is still possible for a separate retaliation claim to accrue against the employer. However, the employee must explicitly oppose illegal discrimination. Contrary to widespread belief, merely complaining that co-workers or superiors are being rude is not enough. The complaint must be made in good-faith, reasonable, and implicates and protected class or activity under the law.

If you have any questions about retaliation claims, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel..