Deadline for filing administrative charge against employer with the Texas Workforce Commission’s Civil Rights Division is rather unforgiving. Missed deadline generally precludes law suit, i.e. will typically result in dismissal if the complaining employee goes ahead and files a lawsuit anyhow.
EMPLOYMENT DISCRIMINATION CLAIM UNDER STATE LAW - ADMINISTRATIVE PROCEDURE
Under Chapter 21 of the Texas LaborCode, a person must file a complaint with the TWC [Texas Workforce Commission] no later than the 180th day after the allegedly unlawful employment practice took place. See TEX. LAB. CODE ANN. § 21.202 (West 2006). If the complaint is untimely, the commission must dismiss it. Id.
When does the 180-day period start to run?
Furthermore, ―[t]he limitations period begins when the employee is informed of the allegedly discriminatory employment decision, not when that decision comes to fruition.‖ Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490, 493 (Tex. 1996). During the claims process, the TWC investigates allegations and determines whether there is ―reasonable cause to believe the employer violated the Texas anti-discrimination law,‖ in order to promote resolution. City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex. 2008).
These detailed administrative procedures are mandatory pre-requisites for a plaintiff to bring a chapter 21 action to court. See Waffle House, Inc. v. Williams, 313 S.W.3d 796, 804–05 (Tex. 2010) (noting that administrative remedies and procedures must be exhaustedprior to litigation of statutory employment claims); see also Lueck v. State, 325 S.W.3d 752, 762 (Tex. App.—Austin 2010, pet. filed). If a complainant fails to comply with these administrative procedures, the courts are deprived ofsubject-matter jurisdiction. Lopez, 259 S.W.3d at 154.
SOURCE: CORPUS CHRISTI - EDINBURG COURT OF APPEALS - 13-10-00379-CV – 12/8/11
We affirm the trial court’s granting of Del Mar’s plea to the jurisdiction.
SOURCE: THIRTEENTH COURT OF APPEALS - CORPUS CHRISTI / EDINBURG - 13-10-00379-CV – 12/8/11