Rep. Senfronia Thompson
Sen. Wendy Davis
Legislation to conform Texas law to the federal Ledbetter Act passed the Senate late yesterday. HB 950 by Rep. Senfronia Thompson (D-Houston) and Sen. Wendy Davis (D-Fort Worth) clarifies that the statute of limitations for a wage discrimination claim runs from the date the discriminatory employment practice begins, not the date of the compensation agreement between the employer and employee. Current Texas law provides that an employee must file an unlawful employment practice complaint with the Texas Workforce Commission civil rights division within 180 days after the alleged unlawful practice occurs. If the employee proves up the claim, he or she may recover up to two years of back pay. Appeal of the administrative review is to state district court. The net effect of HB 950 is to allow an employee who exhausts administrative remedies under current law to seek review in state court. A 2012 Texas Supreme Court decision had ruled that federal protections for wage discrimination did not extend to state law, forcing Texans to file legitimate claims in federal court (Prairie View A&M v. Chatha). TCJL supports HB 950 on the basis that the bill allows Texans a remedy for legitimate claims in the state courts their taxes support, maximizes judicial resources, reduces litigation costs, and encourages the expeditious settlement of claims at the administrative level.
