Texas State University v. Dr. Kathleen Quinn, 03-16-00548-CV

Background

Plaintiff Dr. Kathleen Quinn, a former "emergency-hire" clinical faculty member at Texas State University (TXST), sued TXST under the Texas Commission on Human Rights Act (Tex. Labor Code ch. 21) for age discrimination, disability discrimination, and retaliation arising from (1) non‑issuance/nonrenewal of another emergency‑hire contract and (2) failure to hire or interview her for a posted Associate Clinical Professor position (Job Posting 2013‑55).
Quinn was initially hired on short‑term emergency contracts (academic year term contracts) to develop an MSN‑FNP program; TXST later determined her program‑development work was complete and did not reissue another emergency contract.
Quinn applied for Job Posting 2013‑55 (an undergraduate clinical teaching position) but was not interviewed because the search committee concluded she did not meet an objective requirement of the posting (five years of full‑time clinical nursing experience); her submitted CV and cover letter did not objectively demonstrate that experience.
TXST filed a plea to the jurisdiction asserting sovereign immunity because Quinn failed to plead and present prima facie evidence of TCHRA claims; the trial court denied the plea to the jurisdiction (order included in the appendix).
TXST’s central appellate arguments: Quinn failed to establish (a) replacement by a younger person or causation linking nonrenewal to disability; (b) that she sought or was qualified for an available emergency hire; (c) an adverse employment action from a fixed‑term contract nonrenewal; and (d) qualification, notice, or causation for Job Posting 2013‑55 claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
1) Non‑issuance/nonrenewal of emergency‑hire contract — age/disability/retaliation	Nonrenewal was discriminatory/retaliatory and based on age/disability	No one replaced Quinn; work was complete; nonrenewal reflected end of a fixed‑term contract, not discrimination; adverse action and causation not established	Trial court denied TXST’s plea to the jurisdiction (lower court retained claims)
2) Characterization as failure‑to‑hire for another emergency contract	Quinn argues denial of continued employment is effectively a failure to hire	TXST: no separate available emergency position existed; Quinn did not seek or show an available position; prima facie failure‑to‑hire elements not met	Trial court denied TXST’s plea to the jurisdiction
3) Failure to hire / failure to interview for Job Posting 2013‑55 — qualification	Quinn contends she was qualified and was denied interview because of disability/age	TXST: objective posting required five years of clinical nursing experience; Quinn’s application did not show that; search committee applied objective criteria; no evidence committee knew of any disability	Trial court denied TXST’s plea to the jurisdiction
4) Retaliation re: Job Posting 2013‑55 — causation	Quinn alleges adverse action followed protected activity (EEOC charge)	TXST: search committee and decision‑makers lacked knowledge of protected activity; plaintiff cannot show but‑for causation; independent committee made decisions	Trial court denied TXST’s plea to the jurisdiction

Key Cases Cited

Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (when suing a governmental employer under the TCHRA, the plaintiff must allege facts establishing a prima facie case to invoke the limited waiver of sovereign immunity)
Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (governing standards for pleads/plea to jurisdiction; when jurisdictional facts are disputed, inquiry resembles summary judgment)
State v. Lueck, 290 S.W.3d 876 (Tex. 2008) (conclusory TCHRA allegations insufficient to overcome plea to the jurisdiction; courts must enforce limited waiver)
Tex. Nat. Res. Conservation Comm’n v. IT‑Davy, 74 S.W.3d 849 (Tex. 2002) (standard of review for jurisdictional pleas is de novo)