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Lueck v. State

The Texas Supreme Court has held that the requirement in Texas Labor Code �21.202(a) that a plaintiff timely file an administrative complaint with the Commission is mandatory and jurisdictional. Because appellant's failure to timely file his administrative complaint with the Commission deprived the trial court of subject-matter jurisdiction over his claims, the Court of Appeals affirmed the trial court's order granting the Department's plea to the jurisdiction. Austin Court of Appeals, No. 03-07-00497-CV, 11-13-2009

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OPINION

Appellant George Lueck filed suit against his former employer, the State of Texas and the Texas Department of Transportation (collectively, the “Department”), for gender-based employment discrimination. The Department filed a plea to the jurisdiction, asserting that sovereign immunity and Lueck’s untimeliness and failure to exhaust administrative remedies barred his claims. See Tex. Lab. Code Ann. § 21.202(a) (West 2006) (providing that claimant must file administrative complaint within 180 days of allegedly discriminatory employment action). The trial court granted the Department’s plea to the jurisdiction and dismissed Lueck’s suit. On appeal, Lueck asserts that the trial court erred in granting the Department’s plea to the jurisdiction because the statutory requirement to file an administrative complaint within 180 days is not jurisdictional. We will affirm the trial court’s dismissal order.

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