University of Texas Health Science Center at Tyler v. Khurram Nawab
528 S.W.3d 631
| Tex. App. | 2017Background
- Nawab, a Pakistani-descended PGY-1 in UT Health Science Center at Tyler’s residency program, was placed on remediation and informed his contract would not be renewed for a second year based on documented deficits in medical knowledge, patient care, and professionalism.
- Nawab requested internal review; the Graduate Medical Education Committee found appropriate process and notice were provided and affirmed non-renewal.
- Nawab filed administrative charges with the Texas Workforce Commission and EEOC alleging race, color, national origin discrimination, and retaliation; he later sued under the TCHRA for discrimination (race, religion, national origin), hostile work environment, retaliation, and intentional infliction of emotional distress.
- Texas Health filed a plea to the jurisdiction 16 months after answer, submitting affidavits and documentation asserting Nawab was not qualified to advance; the trial court dismissed some claims but denied the plea as to remaining TCHRA claims (race/national-origin discrimination, hostile work environment, retaliation).
- On interlocutory appeal, the court reviewed both pleading sufficiency and evidentiary jurisdictional facts under the summary-judgment–style standard for pleas to the jurisdiction and considered whether sovereign immunity was waived under the TCHRA by properly pleading a claim.
- The Court of Appeals held Nawab failed to plead or produce evidence creating a fact issue on essential elements (qualification/replacement, hostile-environment severity, and protected complaint content/causation) and reversed, dismissing the suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Race / national-origin discrimination (nonrenewal) | Nawab alleged nonrenewal was based on race/national origin and cited derogatory comments and differential treatment. | Texas Health argued Nawab failed to plead/produce evidence he was qualified to advance and produced evidence he was not qualified. | Held: Plea sustained — Nawab failed to show he was qualified or produce evidence to controvert employer evidence; claim dismissed. |
| Hostile work environment (race/national origin) | Nawab cited incidents (mocking of accent, questions about halal, story about Muslims being expelled) and general negative evaluations. | Texas Health argued isolated/incidental remarks and criticisms were not sufficiently severe or pervasive to create an actionable hostile work environment. | Held: Plea sustained — incidents were isolated or ambiguous and plaintiff failed to show objectively/subjectively hostile environment. |
| Retaliation | Nawab claimed he complained about treatment and was nonrenewed in retaliation. | Texas Health argued (and produced evidence showing) Nawab’s internal complaints did not put the employer on notice of discrimination based on race/national origin, and no causal showing was made. | Held: Plea sustained — complaints were too vague to be protected activity under the TCHRA; no prima facie retaliation shown. |
| Jurisdiction / sovereign immunity / exhaustion of administrative remedies | Nawab relied on administrative exhaustion and the TCHRA waiver of sovereign immunity. | Texas Health argued plaintiff failed to exhaust/time some claims and failed to plead facts to invoke the TCHRA waiver (i.e., failed to plead elements). | Held: Court applied summary-judgment standard for jurisdictional facts and concluded plaintiff did not plead/produce necessary facts to invoke waiver; jurisdiction lacking and suit dismissed. |
Key Cases Cited
- Tex. Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849 (Tex. 2002) (standard for plea to the jurisdiction and subject-matter jurisdiction principles)
- Miranda v. Texas Dep’t of Parks & Wildlife, 133 S.W.3d 217 (Tex. 2004) (liberal construction of pleadings and amendment guidance when jurisdictional pleading deficiencies exist)
- Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (TCHRA sovereign-immunity waiver requires pleading facts that state a TCHRA claim; plea-to-jurisdiction summary-judgment framework)
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (plaintiff bears initial burden to demonstrate jurisdiction)
- Lueck v. State, 290 S.W.3d 876 (Tex. 2009) (TCHRA waiver of sovereign immunity limited to properly pleaded claims)
- AutoZone, Inc. v. Reyes, 272 S.W.3d 588 (Tex. 2008) (elements required for a prima facie employment-discrimination claim)
- Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (hostile-work-environment objective/subjective standard)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (U.S. 1993) (factors for determining severity and pervasiveness of harassment)