555 S.W.3d 376
Tex. App.2018Background
- Pat Free was terminated on January 15, 2015 and filed an EEOC charge on September 24, 2015 (more than 180 days after termination).
- Free sued Granite Publishing in May 2016 alleging age discrimination under the TCHRA (Tex. Lab. Code ch. 21).
- Granite filed a plea to the jurisdiction arguing Free failed to exhaust administrative remedies by not filing a charge within the 180‑day deadline of Tex. Lab. Code § 21.202(a).
- The trial court granted Granite’s plea and dismissed Free’s suit for lack of subject‑matter jurisdiction; Free appealed.
- The central legal question was whether the 180‑day filing requirement is jurisdictional in suits against private employers, given Texas Supreme Court precedent and subsequent developments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to file a TCHRA charge within 180 days is a jurisdictional bar to suit against a private employer | Free: The 180‑day deadline is mandatory but not jurisdictional; USAA and federal law support treating it as non‑jurisdictional; Schroeder should be overruled or limited | Granite: Failure to timely file deprives the trial court of subject‑matter jurisdiction under existing Texas precedent (Schroeder and cases applying it) | Court: Bound by Schroeder and related precedent; the trial court lacked jurisdiction and dismissal affirmed |
Key Cases Cited
- Mingus v. Wadley, 285 S.W. 1084 (Tex. 1926) (established rule that statutory prerequisites to suit were jurisdictional)
- Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483 (Tex. 1991) (applied jurisdictional treatment to TCHRA filing deadlines)
- Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71 (Tex. 2000) (overruled Mingus to extent prereqs in private suits are jurisdictional)
- In re United Servs. Auto. Ass'n, 307 S.W.3d 299 (Tex. 2010) (held TCHRA two‑year suit deadline is not jurisdictional for private litigants)
- Prairie View A&M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012) (addressed 180‑day rule against governmental defendants; treated failure to meet statutory prerequisite as jurisdictional where government defendant involved)
- Johnson & Johnson Med., Inc. v. Sanchez, 924 S.W.2d 925 (Tex. 1996) (earlier Texas decisions treating TCHRA deadlines as jurisdictional)
- Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (U.S. 1982) (federal precedent holding timely EEOC filing is not a jurisdictional prerequisite under Title VII)