Texas Department of State Health Services v. Gustavo Resendiz

• Court: Court of Appeals of Texas
• Decided: November 29, 2021
• Docket: 08-19-00273-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ TEXAS DEPARTMENT OF STATE No. 08-19-00273-CV HEALTH SERVICES, § Appeal from the Appellant, § 168th Judicial District Court v. § of El Paso, Texas GUSTAVO RESENDIZ, § (TC #320710168) Appellee. §

JUDGMENT

The Court has considered this cause on the record and concludes there was error in the part

of the judgment denying Appellant’s plea to the jurisdiction on Appellee’s claims of national

origin, disability, and gender discrimination, as well as retaliation and quid pro quo sexual

harassment claims. The part of the judgment denying Appellant’s plea to the jurisdiction on

Appellee’s claim of sexual harassment based on hostile work environment is affirmed. We

therefore reverse the trial court’s judgment in part and affirm in part, and we remand this matter

to the trial court for further proceedings based solely on Appellee’s claim of hostile work

environment. We further order that Appellant recover from Appellee all costs of this appeal, for

which let execution issue. This decision shall be certified below for observance. IT IS SO ORDERED THIS 29TH DAY OF NOVEMBER, 2021.

JEFF ALLEY, Justice

Before Rodriguez, C.J., Palafox, and Alley, JJ.