Fields v. Teamsters Local Union No. 988

23 S.W.3d 517, 2000 WL 730674
CourtCourt of Appeals of Texas
DecidedJuly 20, 2000
Docket01-99-00304-CV
StatusPublished
Cited by49 cases

This text of 23 S.W.3d 517 (Fields v. Teamsters Local Union No. 988) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fields v. Teamsters Local Union No. 988, 23 S.W.3d 517, 2000 WL 730674 (Tex. Ct. App. 2000).

Opinions

MAJORITY OPINION

TIM TAFT, Justice.

Appellant, Maria E. Fields, challenges a no-evidence summary judgment rendered in favor of appellees, Teamsters Local Union 988 (the Union) and Terry Lovan, against her claims for gender discrimination, retaliation, and sexual harassment, under the Texas Commission on Human Rights Act (TCHRA), and for intentional infliction of emotional distress. We address whether (1) the Union is a proper defendant under the TCHRA and whether there is any evidence showing (2) a causal connection exists between Fields’ complaints and her discharge from employment, (3) the Union’s reason for firing Fields was a pretext, (4) Lovan’s conduct was extreme and outrageous, and (5) Fields’ emotional distress was severe. We affirm in part and reverse in part.

Facts

The summary judgment evidence submitted by Fields shows that Fields began work for the Union in January, 1996. While the Union was under a trusteeship, Lovan was appointed trustee in January 1997. Fields served as his secretary. Fields claims that Lovan became obsessed with her within weeks of her becoming his secretary.

Fields denies any sexual relationship with Lovan. Fields first felt threatened by Lovan in early February, 1997, when, on introducing him to her sister, he said, “Oh, so now you are dumping me off on [521]*521your sister.” A week later, Lovan asked Fields out for a drink, saying “You owe me one.” Later that evening, Fields met some friends after work at a club where Lovan was also in attendance. While at the club, Lovan repeatedly asked Fields to dance with him and she consistently refused. Later in the evening, Lovan caught Fields returning from the restroom and grabbed her by the arm and said, “Let’s go dance.” In pulling her toward the dance floor, he pulled her purse off her shoulder. Fields continued to tell Lovan that she did not want to dance as he continued to pull her toward the dance floor. She eventually became embarrassed at the spectacle they were causing and stopped resisting to dance briefly with Lovan. While dancing, Fields reasserted that she did not want to dance and eventually left Lovan to return to her friends. The following day, Lovan left a message on Fields’ answering machine asking her to come to his apartment for “pizza, beer, and a hot tub.” Fields did not return Lovan’s telephone call.

On the following day, which was a Sunday, Fields received a three-way call from Lovan and Gina, a co-worker of Fields. Lovan insisted that they all meet that day to discuss Fields’s work performance. When Fields inquired further, Lovan answered that he did not want to discuss it on the phone. Fields asked if the discussion would be good or bad, and Lovan replied that it all depended on her answers. Lovan stated that “all this” came about because he had been thinking about her over the past two days. The past two days encompassed the incidents when Lo-van forced Fields to dance with him and asked her over for “pizza, beer, and a hot tub.” Fields told Lovan she would have to call him and Gina back because she had to take her daughter out for lunch. Lovan suggested they all get together for lunch. Fields suggested they meet at a restaurant so she could take her daughter, but Lovan refused to allow the daughter to attend. Lovan decided they would meet at the Daiquiri Factory. Fields had to arrange for someone to watch her daughter so she could meet Gina and Lovan. When she arrived at the Daiquiri Factory, Gina and Lovan were not there. She called Gina who said the meeting had been moved to Lovan’s apartment. After several attempts to get Lovan to explain what the meeting was about, Fields hung up.

The following workday, Lovan called Fields into his office and started berating her about personal phone calls, doctor visits, and vacation scheduling. Lovan proceeded to tell Fields that her loyalty should be with him because he was the trustee and he would be the one to recommend her and decide whether she would stay or go. At that point, Lovan’s speech turned to personal matters as he began to discuss their dancing together. Lovan admitted that he had forced her to dance but claimed that he did not need to force himself on anyone because he has had three or four women. Fields did not know whether to interpret this remark as meaning he had been with three or four women at the same time or had dated three or four women at the same time. Lovan continued to reassert that Fields’s insurance and job security depended on his recommending her. Fields told Lovan she was confused what all this meant and thought he was mixing personal matters with work. Lovan did not respond, but kept on reinforcing that he would to decide whether she stayed or not. Fields interpreted the meeting as a threat to coerce her to “go along with his advances.”

At some point after this meeting with Lovan, Fields spoke with some co-workers to complain about Lovan’s conduct, after which Lovan called Fields into his office for another meeting. Lovan wanted to know why Fields was going over his head. After asking to whom Fields had spoken, Lovan asserted that whatever decision he made, the persons she identified would back him up. Lovan went on to state that his feelings had been hurt because Fields had demonstrated a lack of loyalty when [522]*522she refused to meet with him at his apartment over the weekend. At this point, Lovan apologized to Fields for his behavior and stated he hoped they could just be Mends. But when Fields responded that she hoped Lovan would not hold the incidents against her, Lovan answered, “The only thing I want to hold against you is me.” Fields repeated her request, because she felt Lovan was not getting the message, but Lovan responded with the same comment about wanting to hold himself against her. Then Lovan got up and put his arms around Fields, at which point she disengaged herself and left.

On another occasion, Lovan asked Fields if she had kissed another co-worker. When Fields denied having kissed the coworker, Lovan asked Fields if she knew what “liploek” was. After Fields answered “no,” Lovan responded saying, “Well, why don’t you come over here and I’ll show you.” A co-worker witnessed this exchange between Lovan and Fields.

On another occasion, Lovan told another co-worker, in the presence of Fields, that he needed to get another secretary who would rub his back because “I cannot get nothing out of this one.” Lovan followed up this statement by asking Fields if she knew how to massage. Lovan concluded by stating that he might have to change Fields’s job description to include giving back rubs. During a separate incident at work, Lovan told Fields she would be a good nurse and asked her to sit down and hold his hand so he would feel better. Lovan also asked Fields out for drinks on two separate occasions. On one of these occasions, Lovan asked if she wanted to go out for some “Jack and Coke.” Fields said “no” and repeated her answer as Lovan continued to ask her out. Finally, Lovan asked, ‘Well, do you want to go somewhere and get drunk, then we can forget about daylight.” Again, Fields answered “no.” Fields also recalled that Lovan left a gift of perfume on her desk.

Fields finally complained about Lovan’s conduct to Robert Alvarez, a union business agent, who suggested she contact Roland Bell. Roland Bell told Fields to contact “Joe,” who told her he would talk to someone in the Union legal department. When Fields heard nothing back, she approached the legal department on her own. Fields described how she thought she was being sexually harassed to Mary Connelly and then Bruce Fickman in The Union’s legal department.

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Cite This Page — Counsel Stack

Bluebook (online)
23 S.W.3d 517, 2000 WL 730674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-teamsters-local-union-no-988-texapp-2000.