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Employment Law

Exhaustion of Administrative Remedy

Friday, June 30, 2006
Contributed by: Dan L. Schaap

El Paso County, Texas v. Navarrete (Tex.App. Dist.8 05/18/2006)

 

Former county employee failed to exhaust her administrative remedies under Texas Commission on Human Rights Act as to retaliation claims against employer, and thus trial court was without jurisdiction to consider the retaliation claims that the employee added to her amended petition in sex-based employment discrimination action. The employee had not raised issue of retaliation in her prior administrative charge. Unless and until an employee timely submits her complaint to the Texas Commission on Human Rights, the courts of Texas are barred from adjudicating that complaint.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

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