Assignment #3 LGLA-1342 Civil Litigation
1. What is the appropriate statute of limitations in your state for this case?
Both federal and state statutes determine the proper statute of limitations for employment discrimination complaints in Texas. An individual has 180 days from the date of the claimed discriminatory act to submit a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) under federal law, specifically Title VII of the Civil Rights Act of 1964. Nevertheless, if the harmed party first files a complaint with a state or local agency that upholds rules against employment discrimination, the deadline may be extended to 300 days. 2. Do the laws of your state allow you to sue the city? If so, do any special claim statutes apply? If so, does Nguyen still have time to file a claim?
Texas does allow you to sue the city however, Texas cities
may
be
subject
to
state
law
immunities
or
liability
limitations
that
affect
the
viabiliy
of
a
lawsuit
against
them. Nguyen's window of opportunity to bring a claim varies according to the date of the purported discriminatory behavior. As previously stated, you have 180 days from the date of the accused act to file a charge of discrimination with the EEOC. But if Nguyen had complained to the TWC in the first place, there might be a 300-day window. We would need to know the precise date of the alleged discriminatory behavior to establish the appropriate limit and decide if Nguyen still has time to file a claim.
3. Are there other types of cases in your state that require a claim to be submitted prior to filing a
lawsuit?
As per Texas law small cases require a claim to be submitted before filing a lawsuit.
