Law

Texas Supreme Court Issues Opinion Regarding Pay Discrimination Matter

/cdklawyers.com// 09/06/2012

The Texas Supreme Court recently addressed an issue of first impression: Does the federal Lilly Ledbetter Fair Pay Act apply to claims brought under the Texas Commission on Human Rights Act so that the 180-day limitations period begins anew each time a claimant receives a paycheck containing a discriminatory amount? Prairie View A&M Univ. v. Chatha, No. 10-0353 (Tex. Aug. 31, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/aug/100353.pdf.

 

The TCHRA obligates a claimant to file a complaint within 180 days after the date an allegedly unlawful employment practice occurs. Texas courts have interpreted “occur” to mean when a discriminatory employment decision is made—not when the effects of that decision become manifest in later events. This interpretation mirrored the United States Supreme Court’s interpretation of Title VII of the Civil Rights Act of 1964 until Congress enacted the Ledbetter Act to amend Title VII. The Ledbetter Act provides that a discriminatory pay decision occurs each time a paycheck is received. Because the Texas Legislature has not similarly amended the TCHRA, the Court held that the Ledbetter Act does not apply to a claim brought under the TCHRA.

 

Thus, in accordance with the TCHRA and precedent, the Court concluded that a pay discrimination complaint must generally be brought within 180 days of the date the claimant is informed of the compensation decision.

 

To speak to a Dallas employment law attorney, contact the Dallas, Texas employment lawyers at Clouse Dunn LLP at debra@clousedunn.com or (214) 239-2705.

Press Release Contact Information:

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722
214.220.3833 ( fax)
keith@clousedunn.com

You May Also Like

Health News

The cosmetic and facial plastic surgery practice is hosting a grand opening celebration and ribbon cutting for its new Chattanooga state-of-the-art location.

Current News

“NEXT by TRT World Forum” Brought Together Globally Known Young Professionals

Current News

J & D Oriental Rug Co. sells antique and vintage carpets and rugs sourced from different regions with an inventory of over 6000 unique...

Business and Tech

Big brands are rushing into the metaverse, but the path to profit is still unclear and mass adoption could be years away, one of...

Exit mobile version