Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

 

Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021)

This is an employment discrimination, hostile work environment, and retaliation claim in which the Tyler Court of Appeals affirmed the trial court’s order granting the Texas Parks and Wildlife Department’s plea to the jurisdiction.

Coffey was employed by the Texas Parks and Wildlife Department (the Department).  Coffey submitted an intake questionnaire to the Equal Employment Opportunity Commission (EEOC) alleging a host of charges.  Coffey was later terminated. He received a “right-to-sue” letter from the EEOC. He then brought suit. The Department filed a plea to the jurisdiction, asserting, among other reasons, Coffey failed to file suit within two years of filing his EEOC discrimination charges. The trial court granted the plea and Coffey appealed.

Coffey contends that the two-year statute of limitations begins to run from the date that the charge is perfected, not the dates the relevant charges of discrimination were filed.  Under listed case law, the timeliness of the complaint shall be determined by the date on which the complaint is received by the EEOC.  The court noted the underlying record made clear the dates the complaints were filed and received by the EEOC.  Therefore, because Coffey filed this suit more than two years after the date his First and Second Charges were received by either the EEOC or TWC, the trial court properly granted the Department’s plea.

Panel consists of Chief Justice Worthen, and Justices Hoyle and Neeley. Affirmed. Memorandum Opinion by Chief Justice Worthen can be read here. Docket page with attorney information found here.