Sonya Thorn Lopez v. Texas State University, Sherri H. Benn, and Stella Silva
368 S.W.3d 695
| Tex. App. | 2012Background
- Lopez sued TSU for race discrimination and retaliation under the TCHRA.
- TSU moved to dismiss for lack of jurisdiction claiming Lopez failed to exhaust administrative remedies on certain claims.
- Lopez argued exhaustion due to race and retaliation facts in the EEOC intake questionnaire and because related claims could grow out of the EEOC investigation.
- Lopez’s EEOC charge checked only sex and national origin boxes; intake questionnaire included race and retaliation allegations.
- The trial court dismissed with prejudice; on appeal, the court addressed whether exhaustion applied to race discrimination and retaliation claims.
- The court concluded exhaustion applied to Lopez’s race-discrimination claim and to one retaliation claim (firing Johnson) but not to other retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion scope for race discrimination | Lopez exhausted via intake questionnaire showing race discrimination | Only charge form boxes govern exhaustion; race box not checked on charge | Lopez exhausted race-discrimination claim |
| Exhaustion scope for retaliation claims | Intake questionnaire or related facts render retaliation claims exhaustively tied to charge | Only firing Johnson retaliation is exhausted; others are not | Lopez exhausted retaliation for firing Johnson; other retaliation claims not exhausted |
| Role of intake questionnaire in exhaustion | Questionnaire supplements the charge and should be considered in exhaustion | Questionnaire should not independently determine exhaustion; only certain supplementation | Court adopts a limited approach: intake questionnaire information may be used to assess related claims but does not independently create a new exhausted scope; for this case, only the Johnson-retaliation claim was reasonably connected |
| Effect of EEOC's lack of investigation on exhaustion | Uninvestigated intake information can still bear on exhaustion | No agency investigation diminishes the questionnaire’s relevance | Intake information can inform scope, but lack of agency investigation affects applicability; result still supports exhaustion for Johnson retaliation |
Key Cases Cited
- Sanchez v. Standard Brands, Inc., 431 F.2d 455 (5th Cir. 1970) (the facts matter more than the label of discrimination)
- Fellows v. Universal Rests., Inc., 701 F.2d 447 (5th Cir. 1983) (liberal construction of EEOC charges permits broad exhaustion)
- Pacheco v. Mineta, 448 F.3d 783 (5th Cir. 2006) (liberal construction of EEOC charges; focus on notice and investigation)
- Clark v. Kraft Foods, Inc., 18 F.3d 1278 (5th Cir. 1994) (consideration of information presented to EEOC to determine scope)
- Torres v. City of Chicago, 2000 WL 549588 (N.D. Ill. 2000) (recognizes blur between race and national-origin discrimination)
- Saint Francis College v. Al-Khazraji, 481 U.S. 604 (1987) (discrimination concepts may overlap between race and national origin)
- Santos v. Salas, 493 F.3d 913 (7th Cir. 2007) (noting overlap and difficulty distinguishing race from national-origin discrimination)