508 S.W.3d 626
Tex. App.2016Background
- Vasquez, a long-time El Paso County employee, suffered a heart attack and subsequent TB while on leave in 2012–2013; she was cleared to return to work in January 2013.
- On return she was removed from her prior Bond Forfeiture Specialist role, transferred to a Hot Checks Unit, and alleges coworkers and supervisors shunned her after learning of her TB; she resigned after being given the option of termination or resignation.
- Vasquez filed an EEOC/TWC charge in March 2013 alleging age and disability discrimination; in July 2013 she submitted an unsigned/unsworn amendment checking a retaliation box and attaching an unsworn statement describing retaliation.
- Vasquez sued the County in June 2014 asserting (1) actual and regarded-as disability discrimination, (2) retaliation, (3) disclosure of confidential health information, and later added state-law age discrimination.
- The County filed a plea to the jurisdiction arguing Vasquez failed to exhaust administrative remedies for retaliation and the regarded-as claim, that her amended EEOC submission was not under oath, and that Chapter 21 does not create a disclosure-of-health-information claim. The trial court denied the plea and the County appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion — retaliation: whether amended EEOC charge supports retaliation claim | Vasquez: amended charge/attached statement relate back to original sworn charge and she submitted additional affidavit to EEOC; thus exhaustion satisfied | County: original charge did not raise retaliation; amended charge was not sworn/under oath and thus not a valid administrative exhaustion; claim not filed with TWC | Court: Retaliation claim did NOT relate back; exhaustion not satisfied — Issue One sustained; retaliation claim dismissed |
| Exhaustion — “regarded as” disability: whether alleged regarded-as claim falls within scope of original disability charge | Vasquez: her disability charge reasonably encompassed a regarded-as theory | County: original charge alleged actual disability only; regarded-as is distinct and was not exhausted | Court: regarded-as claim is within the scope of her disability charge; exhaustion satisfied — Issue Two overruled; regarded-as claim remanded |
| Actual disability (prima facie) — whether pleadings establish she was disabled at time of adverse action | Vasquez: alleged she was disabled due to heart attack and TB | County: Vasquez was medically cleared and not disabled at time of transfer/termination; pleadings fail to allege prima facie disability | Court: Vasquez pleaded she was not actually disabled at the time (recovered and cleared); failed to plead prima facie actual-disability claim — Issue Four sustained; actual disability claim dismissed |
| Disclosure of confidential health information — whether Chapter 21 creates an independent cause of action | Vasquez: federal ADA-related authorities support recognizing disclosure-of-health-info as actionable under Chapter 21 | County: Chapter 21 contains no separate confidentiality cause of action; immunity not waived | Court: Chapter 21 does not create independent disclosure-of-health-information cause of action; such a claim is not available under TCHRA — Issue Five sustained; claim dismissed |
Key Cases Cited
- Bland Independent School Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (discussing plea to the jurisdiction as a means to challenge subject-matter jurisdiction)
- Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standards for reviewing jurisdictional pleas and when courts may consider evidence)
- Prairie View A&M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012) (Chapter 21 waives sovereign immunity only to the limited extent clearly expressed by statute)
- Chevron Corp. v. Redmon, 745 S.W.2d 314 (Tex. 1987) (definition and scope of disability under Texas law require substantial limitation in work-related functions)
- San Antonio Water Sys. v. Nicholas, 461 S.W.3d 131 (Tex. 2015) (plaintiff must plead prima facie elements of TCHRA claim for waiver of governmental immunity)
Court disposition: reversed and rendered in part (retaliation, actual-disability, accommodation, disclosure claims dismissed) and remanded as to the "regarded as" disability claim.