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Texas Commission on Human Rights v. Morrison

Appellee Marilou Morrison filed suit against appellants Texas Commission on Human Rights, Texas Workforce Commission, David Powell and Robert Gomez for discrimination and retaliation under the Texas Commission on Human Rights Act. After a trial, the jury found in favor of Morrison and awarded back pay and compensatory damages. The district court rendered judgment on the jury verdict, awarding back pay, compensatory damages, future lost retirement and social security benefits, reinstatement and attorney's fees. Because the Commission was Morrison's employer at the time of the discriminatory conduct, a damages cap of $50,000 applies. That portion of the trial court's judgment awarding $300,000 in compensatory damages is reversed and it is rendered that Morrison take $50,000 in compensatory damages. When calculating the benefits that Morrison would have received had she continued working, the trial court never accounted for the extra $25,000 Morrison collected as an early-retirement lump sum. That portion of the judgment awarding future lost retirement and social security benefits is excessive in the amount of $25,000. It is rendered that Morrison take $229,880 on that claim. Because Morrison was not awarded any future lost wages, no windfall was created by the trial court's award of both future benefits and reinstatement. As the reasoning behind the traditional rule that front pay and reinstatement may not coexist does not apply in this instance, the trial court did not abuse its discretion in awarding both. The remainder of the judgment is affirmed. Austin Court of Appeals, No. 03-09-00726-CV, 07-08-2011.

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OPINION

Appellee Marilou Morrison filed suit against appellants Texas Commission on Human Rights, Texas Workforce Commission, David Powell, and Robert Gomez for discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA). See Tex. Lab. Code Ann. §§ 21.001-.556 (West 2006 & Supp. 2010). After a trial, the jury found in favor of Morrison and awarded back pay and compensatory damages. The district court rendered judgment on the jury verdict, awarding back pay, compensatory damages, future lost retirement and social security benefits, reinstatement, and attorney’s fees. We affirm the judgment in part and reverse and render judgment in part.

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