Doris J. Johnson v. Hoechst Celanese Corp., Cna Holdings, Inc. Formally (Sic) D/B/A Hoechst Celanese

Court of Appeals of Texas·Decided January 29, 2004·No. 13-01-00448-CV·Published

Opinion





NUMBER 13-01-448-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

DORIS J. JOHNSON,                                                                  Appellant,


v.


HOECHST CELANESE CORP.

CNA HOLDINGS, INC. FORMALLY

(SIC) D/B/A HOECHST CELANSE,                                             Appellees.

On appeal from the 148th District Court of Nueces County, Texas.


O P I N I O N


Before Justices Hinojosa, Yañez, and Castillo

Opinion by Justice Yañez


          Appellant Doris J. Johnson challenges the trial court’s grant of summary judgment in favor of appellee Hoescht Celanese Corporation (“HCC”) on causes of action alleging disability discrimination and sex discrimination. We reverse and remand.

Background

          On June 26, 1978, Johnson began working with HCC as a pipefitter helper in the maintenance department. In November of 1987, she injured her shoulder at work when a three-wheeler flipped while she was riding it. In March of 1988, Dr. William Swan performed surgery on her shoulder. When she returned to work, she was given a helper on an as-needed basis. In March of 1993, Johnson re-aggravated the injury, and Dr. Swan performed a second surgery. In May of 1997, Johnson’s division (Chemical Research and Technology) was terminated and she was selected to continue in the same position (senior maintenance mechanic) with another division (Global Basic Chemicals). Due to changes in organizational structure, Johnson’s position in the new division came with additional job requirements and assignments, which exposed her to more physical activity. In September of 1997, she re-injured her shoulder. In October of 1997, Severo Garza transferred into Johnson’s division and became her supervisor. He assigned her a full-time helper. Soon after, he took away the full-time helper because he thought it was an unreasonable accommodation. On February 23, 1998, after a review and clarification of Johnson’s physical restrictions, she was assigned to clerical duties. Beginning on April 20, 1998, she took extended sick leave.

          On August 28 and September 9, 1998, Johnson filed disability claim notices through HCC’s long-term disability plan. On September 23, 1998, she filed a charge of discrimination, including an affidavit, with the Corpus Christi Human Relations Commission, a division of the Texas Commission on Human Rights. She alleged disability and sex discrimination on the part of HCC from October 17, 1997, continuing through April 20, 1998. On October 19, 1998, her long-term disability benefits began, and she was taken off HCC’s payroll.

          In May of 1999, Johson filed suit against HCC. On March 20, 2001, she filed the live petition, her second amended original complaint. A hearing was held on HCC’s motion for summary judgment on March 26, 2001. HCC subsequently filed two additional supplemental motions for summary judgment. Summary judgment was granted on June 22, 2001. This appeal ensued.

Standard of Review

          When reviewing traditional summary judgments, the standard is whether the successful movant at the trial level carried the burden of showing that there is no genuine issue of material fact and judgment should be granted as a matter of law. M.D. Anderson Hosp. & Tumor Inst. v. Willrich, 28 S.W.3d 22, 23 (Tex. 2000); Am. Tobacco Co., Inc. v. Grinnell, 951 S.W.2d 420, 425 (Tex. 1997). In resolving the issue of whether the movant has carried this burden, all evidence favorable to the non-movant must be taken as true and all reasonable inferences, including any doubts, must be resolved in the non-movant’s favor. Willrich, 28 S.W.3d at 23-24. Summary judgment should be granted when the defendant/movant submits summary judgment evidence that disproves at least one essential element of the plaintiff’s cause of action. Grinnell, 951 S.W.2d at 425. In addition, “A defendant moving for summary judgment on the affirmative defense of limitations has the burden to conclusively establish the defense.” Velsicol Chem. Corp. v. Winograd, 956 S.W.2d 529, 530 (Tex. 1997). “When the trial court does not specify the basis for its summary judgment,” as is the case here, “the appealing party must show it is error to base it on any ground asserted in the motion.” Star-Telegram, Inc. v. Doe, 915 S.W.2d 471, 473 (Tex. 1995). “The appellate court must affirm the summary judgment if any one of the movant’s theories has merit.” Id.

Applicable Law

          Johnson brought her complaint pursuant to the Texas Commission on Human Rights Act (TCHRA), now found at chapter 21 of the Texas Labor Code. See Tex. Lab. Code Ann. §§ 21.001-.556 (Vernon 1996 & Supp. 2003). A lawsuit under this chapter “is limited to the complaints made in the discrimination charge and factually related claims that could reasonably be expected to grow out of the Commission’s investigation of the charge.” Thomas v. Clayton Williams Energy, Inc., 2 S.W.3d 734, 738 (Tex. App.–Houston [14th Dist.] 1999, no pet.) (citing Fine v. GAF Chem. Corp., 995 F.2d 576, 578 (5th Cir. 1993)). “Because one purpose of [chapter 21] is to bring Texas law in line with federal laws addressing discrimination, federal case law may be cited as authority.” Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490, 492 (Tex. 1996); see Austin State Hosp. v. Kitchen, 903 S.W.2d 83, 88-89 (Tex. App.–Austin 1995, no writ).

Analysis

          HCC argued in its motion for summary judgment, accompanied by two supplemental motions for summary judgment, that summary judgment was proper because: (1) Johnson’s claims are time-barred; (2) Johnson was not qualified; (3) Johnson’s request for acco

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Doris J. Johnson v. Hoechst Celanese Corp., Cna Holdings, Inc. Formally (Sic) D/B/A Hoechst Celanese (Doris J. Johnson v. Hoechst Celanese Corp., Cna Holdings, Inc. Formally (Sic) D/B/A Hoechst Celanese) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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