562 F. App'x 243
5th Cir.2014Background
- Ajayi, a Walgreen pharmacist, was subject to a certification program to administer immunizations begun in 2009.
- He received a Final Written Warning on January 12, 2010 for not completing the program by an April 1, 2010 deadline and was removed from staffing.
- Although he later became certified, he was not reinstated and was placed as a floater with no set hours.
- Ajayi refused floater assignments and insisted on a guaranteed forty-hour week at a permanent store, leading to his classification as inactive after 30 days of non-acceptance.
- On March 16, 2010 he complained of discrimination; he eventually resigned effective August 6, 2010, and was 60 years old at termination.
- Ajayi filed a joint EEOC/TWC complaint on February 11, 2011 alleging age discrimination under the TCHRA; this suit proceeded solely on the age-discrimination claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 21.202(a) is jurisdictional and exhaustion bars the case | Ajayi argues the deadline is non-jurisdictional and tolling may apply | Walgreen contends the 180-day filing requirement is mandatory/jurisdictional and not tollable | § 21.202(a) is jurisdictional and not tollable; exhaustion bars this suit. |
| Whether the discriminatory act occurred within the 180-day window | Ajayi contends discovery of motive extends the period | Walgreen argues the act date controls the period | Discriminatory acts occurred no later than August 16, 2010; thus outside the 180-day window from filing. |
Key Cases Cited
- Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490 (Tex. 1996) (filing deadline is mandatory/jurisdictional)
- Jones v. Grinnell Corp., 235 F.3d 972 (5th Cir. 2001) (§ 21.202 mandatory/jurisdictional; tolling not permitted)
- In re United Services Automobile Association, 307 S.W.3d 299 (Tex. 2010) (discrimination limitations; not addressing 21.202 non-jurisdictional status)
- Prairie View A&M University v. Chatha, 381 S.W.3d 500 (Tex. 2012) (Texas Supreme Court note on filing deadline; non-decisive for 21.202 status)
- Ogletree v. Glen Rose Indep. Sch. Dist., 314 S.W.3d 450 (Tex. App.-Waco 2010) (limitations period begins when plaintiff learns of adverse decision)
- City of El Paso v. Marquez, 380 S.W.3d 335 (Tex. App.—El Paso 2012) (jurisdictional treatment of § 21.202 retained)