Lueck v. State
325 S.W.3d 752
Tex. App.2010Background
- Lueck, former assistant director of traffic analysis for the Texas Department of Transportation, was discharged on November 12, 2003 for alleged gender-based reasons.
- Lueck filed a Texas Workforce Commission administrative complaint on June 21, 2005, after the 180-day window, with the Commission later dismissing it for insufficiency.
- Lueck filed November 2005 suit against the Department under sections 106.001 and 106.002 of the Civil Practice and Remedies Code, seeking reinstatement, backpay, damages, and other relief.
- The Department raised a plea to the jurisdiction arguing sovereign immunity and untimely administrative filing under Labor Code § 21.202(a) and (b).
- The trial court granted the plea to the jurisdiction and dismissed the suit; the court of appeals ultimately affirmed, holding that exhaustion of administrative remedies is mandatory and that untimely filing deprives the court of jurisdiction.
- The court analyzed whether the 180-day filing requirement is jurisdictional and reaffirmed that the TCHRA requires pre-suit exhaustion of administrative remedies; Lueck’s failure to timely file deprived the trial court of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 180-day filing deadline is jurisdictional and thus deprives the court of subject-matter jurisdiction. | Lueck argues the 180-day rule is non-jurisdictional and may be tolled or estopped. | Department argues the 180-day deadline is a jurisdictional prerequisite that bars suit if unmet. | The court held the 180-day deadline is part of an exhaustion scheme and, when not timely complied with, deprives the court of jurisdiction. |
Key Cases Cited
- Texas Parks & Wildlife Dep’t v. Miranda, 133 S.W.3d 217 (Tex. 2004) (sovereign immunity and jurisdiction principles in TCHRA cases)
- In re United Services Automobile Association, 307 S.W.3d 299 (Tex. 2010) (21.256 timing is not jurisdictional; exhaustion analysis governs)
- Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490 (Tex. 1996) (180-day filing requirement deemed jurisdictional in context of TCHRA)
- Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483 (Tex. 1991) (exhaustion of administrative remedies required under TCHRA)
- City of DeSoto v. White, 288 S.W.3d 389 (Tex. 2009) (statutory language to assess jurisdictional nature of prerequisites)