Fifth Circuit Rules on Texas Discrimination Law Issue
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
The Fifth Circuit Court of Appeals recently ruled in a discrimination matter brought under Texas law. Gorman v. Verizon Wireless Tex., L.L.C., No. 13-20562 (5th Cir. May 28, 2014), available at http://www.ca5.uscourts.gov/opinions%5Cpub%5C13/13-20562-CV0.pdf.
The appeal centered on whether a plaintiff’s exhaustion of administrative remedies is jurisdictional (and thus a complete bar to the plaintiff’s lawsuit) or merely a condition precedent that could be cured at a later date. The plaintiff filed a charge of discrimination with the Texas Workforce Commission, but she had not received a right to sue letter from that agency before she filed her lawsuit. The employer contended the plaintiff’s failure to receive the right to sue letter could not be cured. The Court disagreed. The Court relied on Texas Supreme Court authority: the Texas Supreme Court previously ruled both that a provision should not be considered jurisdictional absent clear legislative intent to that effect and that interpretation of Texas discrimination laws should be harmonized with interpretation of federal discrimination laws.
The Court then examined the merits of the plaintiff’s retaliation claim and determined that she could not prove a causal link existed between her complaint of discriminatory conduct and her termination.
To discuss a discrimination matter with an employment law attorney, contact an employment lawyer in your area. This article is presented by the Dallas employment lawyers at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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