Jottings By An Employer's Lawyer

Saturday, January 18, 2003

Unsworn Complaint to TCHR Starts 2 Year Statute Running

The statute of limitations issue under the TCHR is complicated. One definitive is that no claim may be brought "later than the second anniversary of the date the complaint relating to the action is filed." Tex. Lab. Code Ann. ยง 21.256 (Vernon 1996). In
Vu v. ExxonMobil (Tx. Ct. App. - Houston [1st], 1/16/03), the court holds that an unsworn complaint filed with the EEOC and forwarded to the TCHR started the 2 year statute running, since the later verified charge related back. In this case, the law suit was filed 2 years after the TCHR acknowledged receipt, meaning the court did not have to decide whether the time started running from the date the unsworn complaint was filed with the EEOC or received by the TCHR.

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