Texas Department of Family and Protective Services v. Wanda Whitman

530 S.W.3d 703
Court of Appeals of Texas·Decided May 12, 2016·No. 11-15-00074-CV·Published·Cited by 6 cases

Opinion

OPINION

MIKE WILLSON, JUSTICE'

Wanda Whitman filed suit against the Texas Department of Family and Protective Services in connection with two sexual harassment claims and a retaliation claim. The Department filed a plea to the jurisdiction, and the trial court denied it. We reverse and render.

I. Background Information

In July 2012, Whitman accepted a position with the Department as a “Conserva-torship Worker II” in Odessa. Shortly after Whitman accepted the position, she attended new employee training with another, recent hire, Yesenia Villanueva, in Amarillo, During the three months of training, Villanueva made several comments with sexual content, connotations, or references that made Whitman uncomfortable. 1 On one such occasion during the training, Villanueva referred to something as a “long bone” and asked Whitman if she knew what “long bone” meant. Whitman contended that Villanueva made similar inappropriate comments throughout the training, but Whitman could not remember any other examples..

In ■ October 2012, Whitman and Villa-nueva completed their training in Amarillo, and both returned to Odessa. There, Villanueva continued to make comments with sexual content, connotations, or references to Whitman, as did another employee, Courtney Reese. Whitman recalled several specific instances in Odessa of what she believed to be sexual harassment. On one of those occasions, as Whitman was eating a com dog for lunch, Villanueva remarked that Whitman “just like[d] the weenie.” On another occasion, Villanueva asked Whitman .if she used a vibrator. When Whitman declined to answer, Reese told her she would sleep better if she used *708 a vibrator. On yet another occasion, Reese asked Whitman about a man who lived in an RV on Whitman’s property and suggested that Whitman “g[ot] off at night peeking in his windows.” When Whitman, as part of her job duties, met with police officers, Reese asked Whitman, “Did they have hard bodies? Could you see if they had [hard bodies] below the belt?” During an office lunch, Reese and Villanueva commented that a tube of bath gel “could be used for other things even if it was a little short.” Also, on several occasions, Reese and Villanueva asked Whitman, an unmarried person, whether she missed “having sex.” Although Whitman recalled these specific instances, she contended that her suit was not limited to them. Instead, she alleged that the harassment was “continu-ólas and unrelenting.”

Rachel Flores was a supervisor in the Odessa branch of the Department. Shortly after Villanueva asked Whitman whether she used a vibrator, Whitman told Flores that she did not appreciate Villa-nueva and Reese “asking [her] questions like that.” Flores told Whitman to “[j]ust ignore them.” Flores evaluated Whitman in March 2013 and stated in her report, which was signed by Flores and three others in the Department’s supervisory structure, that Whitman “[w]as doing good.” However, the Department subsequently indicated that Whitman (1) had difficulty with some clients, the county attorney, and one of the representatives of the Court Appointed Special Advocates (CASA); (2) was unprepared to give- court testimony in a case; (3) had failed to get a courtesy worker in another case; and (4) had disclosed confidential information.

On May 6, 2013, while Whitman was still a probationary employee, Flores recommended that Whitman be discharged. Flores recommended that Whitman be discharged because Whitman failed to (1) perform her job duties, (2) meet health and human services’ standards for job performance, and (3) exhibit courtesy and respect in all interactions with clients, peers, and coworkers. Four days later, Whitman was discharged.

II.Procedural History

Whitman filed a complaint with the Equal Employment Opportunity Commission and the Texas Workforce Commission in June 2013 in which she alleged sexual harassment by the Department. Whitman received a right-to-sue letter on December 4, 2013, and she filed this suit against the Department. She claimed quid pro quo harassment, hostile work environment harassment, and retaliation.

The Department filed its “Plea to the Jurisdiction and Motion for Summary Judgment,” and the court held a hearing on both. After the hearing, the trial court denied the Department’s plea to the jurisdiction and its motion for summary judgment. The Department appealed the denial of its plea to the jurisdiction.

III.Issues Presented

The Department first asserts that the trial court erred when it denied the Department’s plea to the jurisdiction because Whitman failed to show that she timely exhausted her administrative remedies. Second, the Department asserts that the trial court erred when it denied the plea to the jurisdiction because Whitman failed to make a prima facie showing or raise a material issue of fact on jurisdictional issues related to her claims and failed to establish that the trial court had subject-matter jurisdiction.

IV.Standard of Review

A plea to the jurisdiction is a dilatory plea, the purpose of which ⅛ to defeat a cause of action without regard to *709 the merits of the claim. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). When a court analyzes a plea to the jurisdiction, the court must not weigh the merits of the claim but should consider only the plaintiffs pleadings- and the evidence pertinent to the jurisdictional inquiry. Cty. of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex.2002). We review de novo the trial court’s decision on a plea to the jurisdiction when it involves a question of law related to subject-matter jurisdiction. Miranda, 133 S.W.3d at 226.

When, as here, the plea challenges jurisdictional facts, we consider relevant evidence submitted by the parties. Id. at 227; Blue, 34 S.W.3d at 555. The standard of review applicable to a trial court’s ruling in such situations “generally mirrors” the standard that applies to a traditional summary judgment under Rule 166a(c) of the Texas Rules of Civil Procedure. Miranda, 133 S.W.3d at 228. We take as true all evidence favorable to the claimant, and we indulge every reasonable inference and resolve any doubts in favor of the claimant. Id. If the evidence creates a material issue of fact on the jurisdictional issue, the trial court must deny the plea to the jurisdiction, and the fact issue must be resolved by the factfinder. Id. at 227-28. “However, if the relevant evidence is undisputed or fails to raise a fact question on the jurisdictional issue, the trial court rules on the plea to the jurisdiction as a matter of law.” Id. at 228.

V. Discussion and Analysis

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Texas Department of Family and Protective Services v. Wanda Whitman, 530 S.W.3d 703 (Tex. Ct. App. 2016).

530 S.W.3d 703 (Texas Department of Family and Protective Services v. Wanda Whitman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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