Special contributing author Laura Mueller, City Attorney for Dripping Springs
Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. 4, 2021) (mem. op.).
In this appeal from a trial court’s denial of the school district’s plea to the jurisdiction, the school district appealed that the trial court did not have jurisdiction because the plaintiff failed to exhaust her administrative remedies and thus did not waive the school district’s immunity as it relates to an employment discrimination claim. The Thirteenth Court of Appeals reversed the trial court’s judgment because the plaintiff was outside the 180-day window for filing a suit after the allegedly discriminatory act.
The plaintiff sued the school district after being terminated. The plaintiff received her notice of termination (nonrenewal) by letter on May 1, 2018. Plaintiff requested a hearing on May 14, 2018, and then participated in a hearing on August 29, 2018, where the board voted to uphold the termination. She filed her discrimination charge with the EEOC on February 25, 2019. In the claim, she stated that the latest date of discrimination was on August 29, 2018, but she did not state there was a continuing act of discrimination. After receiving the right to sue letter, Plaintiff filed suit on February 10, 2020. The school district filed a plea to the jurisdiction arguing that Plaintiff did not file her charge of discrimination within 180 days after her notice of termination on May 1, 2018. The trial court denied the school district’s plea to the jurisdiction and the school district appealed.
For a political subdivision to have its immunity waived for an employment discrimination claim, the plaintiff must exhaust all administrative remedies. City of Waco v. Lopez, 259 S.W.3d 147, 149, 154 (Tex. 2008). To meet this requirement under state law, a plaintiff has to file the employment discrimination claim with the EEOC or the Texas Workforce Commission within 180 days of the alleged discriminatory employment action. Tex. Lab. Code §§ 21.201(a), (g), 21.202(a). The exhaustion of remedies is completed when the TWC/EEOC issues a right-to-sue letter. Continuing employment discrimination can extend this deadline, but discrete acts of discrimination, such as a termination, is not considered a continuing action. The court of appeals held that the discrete act of the termination (nonrenewal) of the plaintiff and the accompanying notice of the termination was the last discriminatory act that triggered the 180-day deadline and that the deadline was not extended by the internal hearings seeking to overturn the termination. Because the plaintiff did not file her EEOC claim within 180 days after her notice of termination, she had not exhausted her administrative remedies or waived the school district’s immunity. The court of appeals granted the plea to the jurisdiction and dismissed the claim.
The court of appeals reversed the trial court’s judgment and dismissed the claim because the plaintiff failed to file her employment claim with the EEOC in the time allotted for exhausting her administrative remedies.
If you would like to read this opinion click here. Panel consists of Chief Justice Contreras and Justices Hinojosa and Silva.