Price v. Philadelphia American Life Insurance Co.

934 S.W.2d 771, 1996 WL 544370
CourtCourt of Appeals of Texas
DecidedDecember 12, 1996
Docket14-95-00607-CV
StatusPublished
Cited by20 cases

This text of 934 S.W.2d 771 (Price v. Philadelphia American Life Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Philadelphia American Life Insurance Co., 934 S.W.2d 771, 1996 WL 544370 (Tex. Ct. App. 1996).

Opinions

OPINION

AMIDEI, Justice.

Joanne H. Price (Price) appeals from a summary judgment dismissing her case for want of jurisdiction. Appellant filed suit against her employer, Philadelphia American Life Insurance Company (PALICO) and Gerald Noelle, a managerial employee of PALI-CO, for employment discrimination under sections 21.001, et seq., of the Texas Labor Code. Appellee PALICO filed a motion for summary judgment alleging no complaint was filed by Price with the Texas Commission on Human Rights (TCHR) as required by section 21.201 of the Texas Labor Code. The court below granted summary judgment to PALICO and dismissed the case as to it for want of jurisdiction and appellee Noelle was thereafter nonsuited and dismissed. PALICO is the only appellee to this appeal; Noelle did not join as co-appellee. Appellant contends in one point of error the trial court erred in granting summary judgment dismissing her case for want of jurisdiction. We reverse and remand for trial.

Price was employed by appellee between 1991 and 1994 as Director of Information Technology. Price applied for and was denied a promotion to Vice President of Information Technology. Price contends she was qualified for this position but was passed over because of her race and sex. Price is African-American and female. Appellee hired a male for the position who was not a member of a racial minority. Price filed an EEOC Form 5, “Charge of Discrimination,” with the federal Equal Employment Opportunity Commission (EEOC), giving April 4, 1994, as the date of the alleged unlawful employment practice. Price signed the form [772]*772under the unsworn declaration portion which provided “I declare under penalty of perjury that the foregoing is true and correct,” and dated it April 8, 1994, pursuant to 28 U.S.C. § 1746, which provides in pertinent part:

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.

The heading on the “Charge of Discrimination” EEOC Form 5 submitted by Price to the EEOC was: “Texas Commission on Human Rights and EEOC.” EEOC Form 212, “Charge Transmittal,” dated April 12, 1994, was attached in support of Price’s first amended response to appellee’s motion for summary judgment and stated, in part: “Transmitted herewith is a charge of employment discrimination initially received by the: EEOC on April 7, 1994.” The form had a block checked which provided, “Pursuant to the worksharing agreement, this charge is to be initially investigated by the EEOC.” The transmittal form (EEOC Form 212) was mailed to TCHR by EEOC, and provided pre-printed form answers with blocks to be checked for the appropriate reply by TCHR. Mr. William Hale, the director of TCHR, signed the transmittal form sent to TCHR on April 19, 1994, and checked the block which provides: “This will acknowledge receipt of the referenced charge and indicate this Agency’s intention not to initially investigate the charge.” The form was returned to EEOC and made a part of their records in Price’s complaint. “Notice of Right to Sue,” EEOC Form 161-B, was issued and sent to Price on December 27, 1994. “Notice of Right to File a Civil Action,” a letter form, was sent to Price’s attorney by TCHR and dated November 2, 1994. Price filed her suit against appellees on December 22,1994. An amended EEOC Form 5, “Charge of Discrimination,” was mailed by Price’s attorney to TCHR by letter dated April 26,1995, after suit had been filed by Price, and over 180 days after April 4, 1994, the date the alleged act of discrimination occurred. The amended form added a jurat provided on the form which states: “When necessary to meet State and Local Requirements.” Price signed on the line provided for her signature and a notary public, Kristin L. Boyd, acted as the officer administering the oath. Price again signed the unsworn declaration portion of the form and both verifications were dated April 24,1995.

PALICO argues the trial court had no jurisdiction unless Price filed a complaint with TCHR and since she filed nothing with TCHR, the trial court had no jurisdiction. We disagree.

The issue in this case is: Did Price timely file a complaint with TCHR as required by sections 21.201 and 21.202 of the Texas Labor Code? Appellee has waived any claim to improper verification by Price in its brief stating there is no legitimate verification issue in this case. Appellee’s attorney also advised this court on oral argument that it was not claiming improper verification of Price’s EEOC Form 5 initially submitted by her to EEOC on April 8, 1994. Therefore, we address only the issue of filing of a complaint with TCHR as being dispositive of this appeal.

The general purposes of Chapter 21 of the Texas Labor Code are to provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. § 2000e, et seq.) and provide for the execution of the policies em[773]*773bodied in Title I of the Americans with Disabilities Act of 1990. Tex. Lab.Code Ann. § 21.001 (Vernon 1996). When Texas case law fails to address questions raised under .the statute, we look to federal case law for guidance. Benavides v. Moore, 848 S.W.2d 190, 193 (Tex.App. — Corpus Christi 1992, writ denied).

The filing of a complaint under section 21.201 of the Texas Labor Code is mandatory. Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483, 488 (Tex.1991). Price’s EEOC Form 5 was timely filed with EEOC, on April 8, 1994, according to the date written on the form. The EEOC transmittal form to TCHR dated April 12, 1994, is date stamped by TCHR April 16, 1994, and receipt of the charge of discrimination was acknowledged by William Hale, director of TCHR, April 19, 1994. The EEOC Form 5, “Charge of Discrimination” was addressed to both TCHR and EEOC. The “filing” of the complaint occurred when TCHR received the “Charge of Discrimination,” EEOC Form 5, dated April 8, 1994 (or April 7, 1994, which is the date shown on the transmittal form from EEOC) with the transmittal form from EEOC on April 16,1994.

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Price v. Philadelphia American Life Insurance Co.
934 S.W.2d 771 (Court of Appeals of Texas, 1996)

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Bluebook (online)
934 S.W.2d 771, 1996 WL 544370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-philadelphia-american-life-insurance-co-texapp-1996.