the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

Court of Appeals of Texas

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

Court of Appeals of Texas·Decided July 24, 2013·No. 04-12-00681-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00681-CV

THE TEXAS STATE OFFICE OF ADMINISTRATIVE HEARINGS, Appellant

v.

Carol BIRCH, Charles Homer, Ann Landeros, and Carol Wood, Appellees

From the 419th District Court, Travis County, Texas Trial Court No. D-1-GN-09-004285 The Honorable Gisela D. Triana–Doyal, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE MARION, AND JUSTICE BARNARD

In accordance with this court’s opinion of this date, the trial court’s judgment is AFFIRMED IN PART AND REVERSED AND RENDERED IN PART. Specifically, we AFFIRM the portion of the trial court’s judgment denying the plea to the jurisdiction as to the following claims: (1) Carol Wood’s age and gender discrimination claims; (2) Carol Birch’s age and gender discrimination claims; and (3) Carol Birch’s retaliation claim based on the protected activity of seeking a disability accommodation. We REVERSE the portion of the trial court’s judgment denying the plea to the jurisdiction as to the following claims and RENDER judgment they be dismissed: (1) all of Ann Landeros’s claims; (2) all of Charles Homer’s claims; (3) Carol Wood’s retaliation claim; (4) Carol Birch’s disability discrimination claim; and (5) Carol Birch’s retaliation claim based on the protected activity of reporting disparate treatment of a protected class.

We order that each party bear its own costs of appeal.

SIGNED July 24, 2013.

_____________________________ Marialyn Barnard, Justice

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Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00681-CV

THE TEXAS STATE OFFICE OF ADMINISTRATIVE HEARINGS, Appellant

v.

Carol BIRCH, Charles Homer, Ann Landeros, and Carol Wood, Appellees

From the 419th District Court, Travis County, Texas Trial Court No. D-1-GN-09-004285 The Honorable Gisela D. Triana–Doyal, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE MARION, AND JUSTICE BARNARD

In accordance with this court’s opinion of this date, the trial court’s judgment is AFFIRMED IN PART AND REVERSED AND RENDERED IN PART. Specifically, we AFFIRM the portion of the trial court’s judgment denying the plea to the jurisdiction as to the following claims: (1) Carol Wood’s age and gender discrimination claims; (2) Carol Birch’s age and gender discrimination claims; and (3) Carol Birch’s retaliation claim based on the protected activity of seeking a disability accommodation. We REVERSE the portion of the trial court’s judgment denying the plea to the jurisdiction as to the following claims and RENDER judgment they be dismissed: (1) all of Ann Landeros’s claims; (2) all of Charles Homer’s claims; (3) Carol Wood’s retaliation claim; (4) Carol Birch’s disability discrimination claim; and (5) Carol Birch’s retaliation claim based on the protected activity of reporting disparate treatment of a protected class.

We order that each party bear its own costs of appeal.

SIGNED July 24, 2013.

_____________________________ Marialyn Barnard, Justice

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood, (Tex. Ct. App. 2013).

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