In many ways, the deck is stacked against the discrimination victims. Most folks who believe they have been subjected to discrimination put off seeing a lawyer. Many, a great many folks go directly to the EEOC, trusting in the federal government. The EEOC means well, but it is over-worked and under-staffed. Many EEOC workers are simply poorly trained. Consider the case that occurs every so often: the plaintiff files a charge with the EEOC. The EEOC will occasionally take a very long time with a case. If the EEOC allows a case to sit at the EEOC for over two years, the case will go beyond the statute of limitations. That is, the case will go beyond the time limit in which to file a state lawsuit of discrimination.

If that case concerns disability discrimination, the plaintiff is in serious trouble. The U.S. Supreme Court has held that the state agencies cannot be sued under Title VII or under the Americans with Disabilities Act. The statute of limitation to file under the state version of the ADA is two years. The deadline to file suit under the Texas Commission on Human Rights Act is two years. So, if the EEOC issues a right-to-sue letter after the two years has already passed, the plaintiff in effect cannot sue for disability discrimination.

If the plaintiff attempts to file suit, the employer will file a motion to dismiss. The judge will grant the motion to dismiss saying the plaintiff should have contacted a lawyer. But, wait. Many folks believe that seeing a lawyer should be a last resort. . . .  Oh well.

So, yes, in many ways, the deck is stacked against the average employee who has suffered discrimination.