Chevron Corp. v. Redmon

745 S.W.2d 314, 31 Tex. Sup. Ct. J. 149, 1 Am. Disabilities Cas. (BNA) 1174, 1987 Tex. LEXIS 405, 45 Empl. Prac. Dec. (CCH) 37,888, 56 Fair Empl. Prac. Cas. (BNA) 870, 1987 WL 2763
CourtTexas Supreme Court
DecidedDecember 16, 1987
DocketC-4786
StatusPublished
Cited by194 cases

This text of 745 S.W.2d 314 (Chevron Corp. v. Redmon) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chevron Corp. v. Redmon, 745 S.W.2d 314, 31 Tex. Sup. Ct. J. 149, 1 Am. Disabilities Cas. (BNA) 1174, 1987 Tex. LEXIS 405, 45 Empl. Prac. Dec. (CCH) 37,888, 56 Fair Empl. Prac. Cas. (BNA) 870, 1987 WL 2763 (Tex. 1987).

Opinions

OPINION

RAY, Justice.

This case involves the question of who has standing to bring an action for employment discrimination based on “handicap” under the Commission on Human Rights Act, TEX.REV.CIV.STAT.ANN. art. 5221k. The court of appeals held that article 5221k does not require a determination of whether a person is a “handicapped person,” but only a determination of whether an employer refused to hire a person “because of handicap.” [Carter v. Gulf Oil Corp.] 699 S.W.2d 907. We reverse the court of appeals’ judgment and render judgment affirming the trial court’s summary judgment in favor of Chevron.

Sheila Ann Carter Redmon applied for the position of maintenance helper or laborer with Gulf Oil Corporation, now Chevron Corporation. Gulf’s Medical Department administered a mandatory medical examination and determined that one of Red-mon’s eyes could not be corrected to better than 20/60 vision. Redmon also has limited stereopsis, or limited ability to judge relative distance by use of binocular vision. Gulf requires that all applicants have at least 20/40 vision with correction in one eye, and 20/30 on the other to be hired for that position. It is undisputed that Red-mon was not hired because of her vision.

Redmon sued Gulf for employment discrimination under TEX.HUMAN RES. CODE ANN. § 121.003(f), which has been repealed and recodified in the Commission on Human Rights Act, TEX.REV.CIV. STAT.ANN. art. 5221k. The trial court granted summary judgment for Gulf on the ground that Redmon is not a “handicapped person” under article 5221k. The court of appeals reversed and remanded for trial for a determination of whether Redmon was denied employment “because of handicap.” We hold that the court of appeals’ interpretation of the act is too narrow, and ignores the Act’s provisions defining “handicap” and “handicapped person.” We also hold that Redmon is not “handicapped” under article 5221k as a matter of law.

Section 1.04 of article 5221k contains several “Specific Rules of Construction.” In section 1.04(b) “ ‘because of handicap’ or ‘on the basis of handicap’ refers to discrimination because of or on the basis of a physical or mental condition that does not impair an individual’s ability to reasonably perform a job.”

Section 2 lists several “General Definitions.” “Handicapped person” is defined in section 2.01(7)(A) as

a person who has a mental or physical handicap, including mental retardation, hardness of hearing, deafness, speech [316]*316impairment, visual handicap, being crippled or any other health impairment that requires special ambulatory devices or services, as defined in Section 121.002(4), Human Resources Code, but does not include a person because he is addicted to any drug or illegal or federally controlled substances or because he is addicted to the use of alcohol.”

The definition of “handicap” in Section 2.01(7)(B) is

a condition either mental or physical that includes mental retardation, hardness of hearing, deafness, speech impairment, visual handicap, being crippled, or any other health impairment that requires special ambulatory devices or services, as defined in Section 121.002(4), Human Resources Code, ...

Alcoholism and drug addiction are again excluded.

Section 5 of article 5221k describes acts which constitute employment discrimination. Under section 5.01(1), it is an unlawful employment practice for an employer “to fail or refuse to hire or to discharge an individual or otherwise to discriminate against an individual with respect to compensation “or the terms, conditions, or privileges of employment because of ... handicap. ...”

The court of appeals reasoned that article 5221k does not require a determination of whether a plaintiff is a “handicapped person” as section 121.003(f) of the Human Resources Act required, but only a determination of whether the plaintiff was denied employment “because of handicap” under section 5.07(a)(1). To so construe the statute ignores the definitions of “handicap” and “handicapped person” in article 5221k. These same definitions existed in the predecessor statutes and were obviously included in article 5221k for a reason; otherwise the inclusions of these definitions would be meaningless. We will give effect to all the words of a statute and not treat any statutory language as surplusage if possible. Perkins v. State, 367 S.W.2d 140 (Tex.1963). There is no reason to ignore the definitions of “handicap” and “handicapped persons.” Just as plaintiffs in Federal Title VII and age discrimination actions must show that they are members of a protected class, see, McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), Redmon must first show that she is within the protected class before she can recover under article 5221k. She must prove that she is a “handicapped person.” Also, the explanation of the term “because of handicap” is in the section in article 5221k called “Specific Rules of Construction.” This “rule of construction” simply adds the requirement that before any “handicap” can be the basis of a discrimination action, it must not impair that person’s ability to reasonably perform the job. The plaintiff, however, must still be “handicapped.”

Article 5221k’s definitions of “handicap” and “handicapped person” do not detail what is covered by that term, however. We therefore have examined the entire act, the predecessor acts, and the legislative history of these acts to determine what the Act was intended to cover. Sayre v. Mullins, 681 S.W.2d 25 (Tex.1984); San Antonio Gen. Drivers, Helpers Local No. 657 v. Thornton, 156 Tex. 641, 299 S.W.2d 911 (1957).

The “Commission on Human Rights Act,” article 5221k, was effective September 1, 1983. The purposes of the Act are listed in Section 1.02. One purpose of the Act is to provide for the execution of policies embodied in Title VII of the Federal Civil Rights Act, 42 U.S.C. § 2000e-2000e-17, which concerns discrimination due to race, sex, or national origin. Another purpose is “to create an authority that meets the criteria” under 42 U.S.C. § 2000e-5(c), which provides the procedure for filing employment discrimination complaints under section 2000e when there is a state law concerning employment discrimination, and 29 U.S.C. § 633, which provides the procedure for filing age discrimination complaints when there is a governing state law. Neither of these statutes cover discrimination due to handicaps. Other listed purposes of article 5221k are as follows:

to secure for persons within the state freedom from discrimination in certain [317]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Pharr, Texas v. Heriberto De Leon
Court of Appeals of Texas, 2023
County of El Paso, Texas v. Michael Flores
Court of Appeals of Texas, 2023
El Paso County, Texas v. Mary Lou Vasquez
508 S.W.3d 626 (Court of Appeals of Texas, 2016)
City of Houston v. Shayn A. Proler
437 S.W.3d 529 (Texas Supreme Court, 2014)
in the Estate of Thomas Trevino Araguz III
443 S.W.3d 233 (Court of Appeals of Texas, 2014)
Texas Department of Public Safety v. Rachel Deakyne
371 S.W.3d 303 (Court of Appeals of Texas, 2012)
Arredondo v. Dugger
347 S.W.3d 757 (Court of Appeals of Texas, 2011)
Aguilar v. Socorro Independent School District
296 S.W.3d 785 (Court of Appeals of Texas, 2009)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2007
City of Port Isabel v. Pinnell
207 S.W.3d 394 (Court of Appeals of Texas, 2006)
Thomann v. Lakes Regional MHMR Center
162 S.W.3d 788 (Court of Appeals of Texas, 2005)
Williams v. Houston Firemen's Relief & Retirement Fund
121 S.W.3d 415 (Court of Appeals of Texas, 2003)
in the Interest of Nickolaus R. Young, a Child
Court of Appeals of Texas, 2003

Cite This Page — Counsel Stack

Bluebook (online)
745 S.W.2d 314, 31 Tex. Sup. Ct. J. 149, 1 Am. Disabilities Cas. (BNA) 1174, 1987 Tex. LEXIS 405, 45 Empl. Prac. Dec. (CCH) 37,888, 56 Fair Empl. Prac. Cas. (BNA) 870, 1987 WL 2763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chevron-corp-v-redmon-tex-1987.