​Time Limit for Filing Administrative Complaint—Effect of Pending Grievance or Appeal

Time Limit for Filing Administrative Complaint—Effect of Pending Grievance or Appeal—Alamo Community College District v. Ryan, 2017 WL 4942858 (Tex. App.—San Antonio 2017) (not for publication)—The 180 day time period for filing an administrative complaint under Chapter 21 begins to run when a plaintiff learns of an adverse action or of the decision to take an adverse action, and the time to file a complaint is not suspended by the pendency of the plaintiff’s internal grievance with the employer. Thus, in this case the court held that the plaintiff’s lawsuit was barred because he filed the lawsuit more than 180 days after the employer college announced its decision not to renew his contract, even though the plaintiff had filed an internal grievance and even though he filed his EEOC complaint within 180 days of the college’s rejection of the grievance.