Texas Department of Transportation v. Esters

MAJORITY OPINION 1

KEM THOMPSON FROST, Justice.

A former employee of a state agency filed suit against the agency asserting vari ous claims, including retaliation claims under Title VII, 2 section 21.055 of the Texas Labor Code, 3 and sections 1981 and 1983 of Title 42 of the United States Code. 4 The trial court denied the agency’s request that these retaliation claims be dismissed for lack of subject-matter jurisdiction based on the employee’s alleged failure to exhaust administrative remedies. On interlocutory appeal, we conclude that the trial court has jurisdiction over the employee’s…