![]() If you do not file a charge of discrimination within the time limits, you will lose your rights. The amount of time you have depends on whether the employer is located in a place where a state or local government agency has laws similar to the EEOC’s laws. If you would like to file a charge of discrimination, you must do so within either 180 or 300 days from the day you knew about the discrimination. Immediately before the questionnaire’s signature block, the following text appears (emphasis in the original): Please check one of the boxes below to tell us what you would like us to do with the information you are providing on this questionnaire. The questionnaire asked details about Chesloff’s employment and the facts relating to any discriminatory conduct. After the defamation suit was filed against her, Chesloff completed an Equal Employment Opportunity Commission (“EEOC”) intake questionnaire, which the EEOC received by mail on September 24. In August 2009, Yeh, Impression, and Emme filed a defamation suit against Chesloff. Later that morning, Yeh sent Chesloff another text message, informing her that she 2 could no longer avoid a lawsuit by cancelling the interview. Yeh told her to cancel the interview if she did not, he threatened “the biggest lawsuit” that she had ever seen. Several days later, Nick Yeh texted Chesloff, stating that he knew that she was planning a trip to Los Angeles to interview with a competitor. Chesloff’s last day of work for both companies was on June 5, 2009. The last such communication, Chesloff testified, was through an email that she received on March 30, 2009. During Chesloff’s employment, the Yeh brothers subjected her to vulgar sexual banter and behavior as well as crude text messages and emails. Both companies design, manufacture, and sell bridal gowns and formal dresses to retailers. Nick Yeh is the president and chief executive officer of Impression Bridal his brother, Mike, who is not a party to this appeal, owns Emme. She also worked as a sales representative for Emme Bridal, Inc., another gown wholesaler. BACKGROUND From 2006 to June 2009, Ellen Chesloff was employed as a general manager and independent sales representative of a bridal gown wholesaler, Ashdon, Inc. Because the charge that formed the basis for her state court suit was not timely, we hold that the trial court erred in entering judgment in favor of the employee. Following federal law, we conclude that a late-filed charge does not relate back to the questionnaire. 084 OPINION In this employment dispute, we determine whether a late-filed charge of discrimination relates back to an employee’s earlier intake questionnaire when the employee disavowed in the questionnaire that it was a charge of discrimination. ELLEN CHESLOFF, Appellee/Cross-Appellant On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Case No. D/B/A IMPRESSION BRIDAL AND EMME BRIDAL, INC., Appellants/Cross-Appellees V. 01-14-00417-CV - NICK YEH, INDIVIDUALLY ASHDON, INC. Opinion issued DecemIn The Court of Appeals For The First District of Texas - NO.
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