“The Texas Labor Code’s ‘Election of Remedies’ provision states: ‘A person who has initiated an action in a court of competent jurisdiction . . . based on an act that would be an unlawful employment practice under this chapter may not file a complaint under this subchapter for the same grievance.’  The section ‘limits the ability to pursue multiple grievances in multiple forums over the same alleged conduct.’ Thus, ‘[i]n the realm of employment discrimination litigation—where federal, state, and local governments individually declare their opposition to unlawful discrimination—Section 21.211 merely means a plaintiff cannot file an administrative complaint [under the TCHRA] after having already (1) filed a lawsuit under a federal or local anti-discrimination measure covering the same conduct or (2) begun administrative proceedings with the EEOC or local enforcement entities based on the same conduct.’  But, as the TCHRA is not ‘the exclusive word on work-related discrimination and retaliation in Texas,’ ‘claimants are free to seek relief under parallel federal or local laws,’ and Section 21.211 ‘does not preclude a plaintiff from arguing in the alternative’ as permitted by Federal Rule of Civil Procedure 8.24.”

Castro v. Tex. Dept. of Crim Justice, No. 12-20584, 2013 WL  5229972 at *8 (5th Cir. Sept. 18, 2013) (Stewart, J.).