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Kolojaezchskyi v. Marriott Fairfield Inn & Suites10/20/2005
Shaina Kolojaezchskyi appeals from the district court's summary judgment in her suit against Marriott Fairfield Inn & Suites and JMF Partnership, L.P. ("Marriott") for employment discrimination. The judgment was based on a motion alleging that Kolojaezchskyi failed to file her administrative complaint timely and had admitted that she had no damages; the district court did not state on which basis it granted the motion.
Kolojaezchskyi raises two issues on appeal. She complains that the district court erred by granting summary judgment on her claims because sufficient evidence existed to create a fact issue as to whether she timely filed her charge of discrimination with the Texas Commission on Human Rights (TCHR) and the Equal Employment Opportunity Commission (EEOC). She also contends that there is sufficient evidence of damages to defeat Marriott's motion for summary judgment on that record. We reverse the summary judgment and remand for further proceedings.
BACKGROUND
In May 2002, while living at Fort Hood, Texas, Kolojaezchskyi applied for a position at the new Marriott Hotel being built in nearby Killeen. Kolojaezchskyi was about six weeks pregnant at the time of her job interview, although her pregnancy was not then apparent and was not disclosed in the interview. Kolojaezchskyi claims that, on or about June 5, 2002, Marriott's managing employee, Deannette Horner, told her during a phone conversation that she would not be hired because her pregnancy might interfere with her attendance. According to Kolojaezchskyi, Horner stated that she had "suspected" that Kolojaezchskyi was pregnant and, on this suspicion, contacted a friend who worked as a nurse at the Women's Health Clinic at Fort Hood and this nurse confirmed that Kolojaezchskyi was pregnant. By affidavit, Horner denied that she inquired about, based her hiring decision on, or even knew about Kolojaezchskyi's pregnancy. Horner stated that she did not hire Kolojaezchskyi because of questions about her work history and because the person she hired was better qualified.
On September 1, 2002, Kolojaezchskyi was beaten severely by her husband and lapsed into a coma. On September 4, she was flown from Killeen to Louisville, Kentucky, where she had family and received treatment for several months. There, she gave birth to her child two months prematurely. She signed a complaint of sexual discrimination against Marriott, which bears a notarization date of September 25, 2002. Kolojaezchskyi's counsel stated by affidavit that, on October 2, 2002, he sent a cover letter and her complaint by certified mail to both the EEOC and the TCHR; both cover letters state that the complaint is enclosed. On October 7, 2002, her counsel received return receipts showing that the agencies received the correspondence on October 4, 2002.
The EEOC sent Kolojaezchskyi's discrimination complaint to Marriott on December 18, 2002. The EEOC stated in this notification that it had received the complaint on December 9, 2002; an EEOC case log recorded receipt of the charge on December 9, 2002--187 days after the alleged act of discrimination occurred.
On June 26, 2003, Kolojaezchskyi's counsel sent a letter to both agencies requesting confirmation of receipt of the charge and a right-to-sue letter. A copy of the original complaint was included with both of these requests. The EEOC granted Kolojaezchskyi a right to sue on July 10, 2003. On July 23, 2003, the EEOC transmitted this right to sue to the TCHR, and, on the same day, the TCHR granted Kolojaezchskyi a right to sue. Kolojaezchskyi filed suit on August 18, 2003.
Marriott moved for summary judgment on grounds that (1) the trial court
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