When do you have to file your claim for discrimination?

Generally you have to file your claim with the EEOC (or Texas Commission on Human Rights*) within 180 days** under Texas state law.  In the University of Texas M.D. Anderson Cancer Center v. Eltonsy, ___ S.W.3d ___, 2014 WL 5791554 (Tex. App.—Houston [14th Dist.] 2014) the Court held the time runs from when the employee learns of the discrimination and not when it actually takes place.  For example in the Eltonsy case the Plaintiff filed her claim with the EEOC more than 180 days after she learned of the difference in pay rate.  Even though the differential pay was a continual issue she was required to file her claim within 180 days from the date she first learned of the difference.*** This case underlines the need for employees in El Paso Texas and Las Cruses New Mexico to go see an employment lawyer as soon as they know about a future adverse employment action and to not after they are subjected to wrongful termination.  Employees in El Paso Texas are certainly worse off than employees in Las Cruses New Mexcio but both should go and see an employment  lawyer sooner rather than later!

*Filing with either agency is the same as filing with the other because of the “duel filing” agreement between the State of Texas and the EEOC

**300 days for Federal law and 180 days for State law

***Under Federal law because of the Lily Ledbetter amendment to Title VII the result would most likely be different; however because Federal Courts are so anti-employee oriented most lawyers avoid cases that would require them to be in Federal Court and thus file under state law (this is no the only way that an employee can end up in Federal Court.

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