Texas Commission on Human Rights, Texas Workforce Commission, David Powell, and Robert Gomez v. Marilou Morrison
381 S.W.3d 533
Tex.2012Background
- Morrison sued the Texas Commission on Human Rights (TCHR) for retaliation after alleged discriminatory conduct and a denied promotion; the EEOC claim did not include the denied promotion.
- At trial, a broad-form liability question asked whether TCHR took adverse personnel actions against Morrison because of opposition to an unlawful discriminatory practice, without defining adverse actions.
- TCHR objected that the broad-form question commingled different theories of liability and could support non-unanimous verdicts; Morrison did not separate the theories in the question.
- The jury found TCHR liable and awarded Morrison damages; post-trial, Morrison was reinstated and additional remedies were awarded.
- On appeal, the court of appeals ruled TCHR waived its objection; the Supreme Court reversed, holding that the objection preserved under Casteel and error was presumed harmful.
- The Court held returning for a new trial is appropriate because the broad-form question prevented determining whether the jury relied on valid or invalid theories, and the denied promotion was not a proper basis for liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of Casteel error | Morrison preserved via objection to the broad-form question | TCHR preserved error by timely, specific objection | Preserved; error presumed harm |
| Broad-form question commingling theories | No invalid theory submitted; harm not shown | Question mixed valid and invalid theories | Harm presumed; remand for new trial |
| Validity of using denied promotion as basis | Denied promotion supported liability | Denied promotion was not part of EEOC claim; not valid basis | Denied promotion cannot form basis; liability based on invalid theory |
Key Cases Cited
- Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378 (Tex. 2000) (harm presumption when broad-form covers invalid theories)
- Romero v. KPH Consol., Inc., 166 S.W.3d 212 (Tex. 2005) (broad-form forms may reduce conflicting jury answers)
- Thota v. Young, 366 S.W.3d 678 (Tex. 2012) (preservation of Casteel error without citing it expressly)