Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant, Prairie View A&M University, brings this interlocutory appeal from an order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008) (allowing interlocutory appeal of order that “grants or denies a plea to the jurisdiction by a governmental unit”). The trial court determined appellee, Diljit K. Chatha, timely filed her suit against her employer, the University, pursuant to the Texas Commission on Human Rights Act (“the Texas Act”),*fn1 and, therefore, the court had jurisdiction. In two issues, the University contends the trial court lacks jurisdiction because (1) Chatha’s employment discrimination claims were untimely filed under the Texas Act and (2) Chatha failed to follow the provisions of the Texas Act resulting in no waiver of sovereign immunity in this case. We conclude the trial court properly denied the plea to the jurisdiction. We affirm.Background Chatha teaches English at the University. Chatha, who is of Indian national origin, began working for the University in 1987. In 2004, Chatha was promoted to full professor. On September 25, 2006, Chatha filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination on the basis of race and national origin. The Texas Workforce Commission-Civil Rights Division issued Chatha a right-to-sue letter and she filed this suit. Chatha alleged she is underpaid as compared to less qualified faculty members.

In its plea to the jurisdiction challenging the subject matter jurisdiction of the court, the University asserted Chatha did not timely file her complaint. Specifically, the University contends that the adverse action claimed by Chatha occurred in 2004 when she was promoted to full professor at a lower pay rate, which was more than 180 days before the time she filed suit in 2006 under the Texas Act. The University also claimed that because Chatha did not meet the elements of the Texas Act she failed to show the State had waived its immunity. Chatha responded that her complaint was timely filed under the Lilly Ledbetter Fair Pay Act (hereafter called “the Ledbetter Act”), which amended Title VII of the Civil Rights Act of 1964 to allow for claims based on her most recent paycheck at a lower rate. Asserting that the Ledbetter Act is applicable to the Texas Act through the stated policy of the Texas Act, Chatha contends that her claim was timely and a waiver of the State’s immunity was established.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 25, 2024

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.

Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.

Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.

Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...

Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...

Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...

Apply Now ›
Connecticut Law Tribune


View Announcement ›
New Jersey Law Journal

Professional Announcement

View Announcement ›
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days

View Announcement ›