Prairie View A&M University v. Chatha

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.