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Williams v. Vought

Texas Labor Code '21.211 does not prohibit the plaintiff from bringing TCHRA claims after she waived her right to bring a Title VII claim in federal court.

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OPINION

Carmen Williams and her husband, Charles Williams, sued their employer Northrop Grumman Vought (NGV). Carmen asserted a claim for sexual harassment under the Texas Labor Code, and both Carmen and Charles brought claims for intentional infliction of emotional distress. The trial court granted summary judgment in favor of NGV on Charles’s claim and on Carmen’s claim for sexual harassment arising prior to October 4, 1995. The trial court later granted a directed verdict for NGV on Carmen’s intentional infliction of emotional distress claim. The trial court submitted Carmen’s claim for sexual harassment after October 4, 1995 to a jury, and the jury returned a verdict in favor of NGV. In five points of error, the Williamses contend the trial court (1) erred in granting summary judgment for NGV on Carmen’s claim for sexual harassment prior to October 4, 1995 and on Charles’s intentional infliction of emotional distress claim; (2) erred in granting a directed verdict on Carmen’s claim for intentional infliction of emotional distress; (3) improperly instructed the jury on the essential elements of Carmen’s sexual harassment claim arising after October 4, 1995; and (4) erred in denying Carmen’s motion for partial summary judgment. For reasons that follow, we affirm the trial court’s judgment in part and reverse and remand in part.

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