Exhaustion of Administrative Remedies under Texas Law is Condition Precedent, not Jurisdictional Prerequisite: Fifth Circuit | Practical Law
In Gorman v. Verizon Wireless Texas, LLC, the US Court of Appeals for the Fifth Circuit held that, under Texas law, the plaintiff's failure to exhaust her state administrative remedies and wait to receive her Texas Workforce Commission (TWC) right to sue letter before filing her claims under the Texas Commission on Human Rights Act (TCHRA) was not a jurisdictional defect, but an excusable condition precedent that was cured by her eventual receipt of the letter.