Miles v. Lee Anderson Co.
339 S.W.3d 738
Tex. App.2011Background
- LAC is a Texas corporation owning Quizno's Subs in Brenham; Miles was hired as a provisional part-time employee on August 10, 2007 and was terminated three days later.
- Miles alleges supervisor Jeff Bazar stated her language skills were the reason for termination and that LAC intended to hire a Hispanic woman in her place.
- Miles filed a TCHRA discrimination claim with the Texas Commission on Human Rights; after notice, she timely sued LAC.
- LAC moved for summary judgment on traditional and no-evidence grounds, asserting it had fewer than 15 employees for each working day in 20+ weeks in 2007–2009 and thus was not an employer under the statute; it attached Bazar's affidavit and other documents.
- Miles argued Bazar’s affidavit was incompetent summary-judgment evidence and did not address no-evidence grounds; she attached deposition and interrogatory responses as exhibits.
- The trial court granted summary judgment for LAC; Miles appealed arguing genuine issues of material fact remained regarding LAC's status as an employer under the TCHRA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Quizno's qualifies as an employer under the TCHRA | Miles contends LAC is statutory employer; evidence could raise fact issue. | LAC shows no evidence of 15+ employees on required weeks; Bazar affidavit sufficient to negate status. | Summary judgment upheld; Miles failed to prove LAC was an employer under 21.002(8)(A). |
Key Cases Cited
- NME Hosps., Inc. v. Rennels, 994 S.W.2d 142 (Tex. 1999) (TCHRA interpretation—employer status and jurisdictional thresholds)
- Ancira Enter., Inc. v. Fischer, 178 S.W.3d 82 (Tex.App.-Austin 2005) (employer definition under TCHRA)
- Latimer v. Wise, 193 F. Supp. 2d 899 (E.D. Tex. 2001) (federal analogy to 15-employee threshold)
- King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003) (summary-judgment standards and no-evidence review)
- Vance v. Union Planters Corp., 279 F.3d 295 (5th Cir. 2002) (interpretation of 'current year' in employment-discrimination context)
- NME Hosps., Inc. v. Rennels, 994 S.W.2d 142 (Tex. 1999) (TCHRA employment-status guidance)