Harris County v. Michael J. Hall

Summary

The Texas Court of Appeals for the First District reversed the denial of Harris County’s plea to the jurisdiction and summary judgment motion in Michael J. Hall’s employment discrimination action. The court held that Hall failed to establish or administratively exhaust claims under the Texas Commission on Human Rights Act, including disability discrimination, failure to accommodate, retaliation, pattern-and-practice discrimination, and aiding and abetting discrimination. The court rendered judgment dismissing Hall’s claims against the County because governmental immunity was not waived.

Holdings

1. Hall failed to establish a prima facie case of disability discrimination because he was not qualified for his detention-officer position when he was terminated; his TCOLE license was not in good standing.
2. Hall failed to establish a prima facie failure-to-accommodate claim because he was not a qualified employee for his jailer position and provided no evidence of a specific available civilian position whose essential functions he could perform.
3. Hall did not exhaust his administrative remedies for his TCHRA retaliation claim because the factual statement in his administrative charge did not allege that he was terminated for engaging in protected activity.
4. The TCHRA does not provide a cause of action for pattern-and-practice discrimination, and Hall also failed to exhaust administrative remedies for that theory.
5. Hall failed to establish a prima facie aiding-and-abetting claim and failed to exhaust administrative remedies for that claim.

Questions Presented

1. Whether Hall established a prima facie case of disability discrimination under the TCHRA sufficient to waive Harris County's governmental immunity.
2. Whether Hall established a prima facie case that Harris County failed to accommodate his disability by retaining him in his jailer position or transferring him to a civilian position.
3. Whether Hall exhausted his administrative remedies for his TCHRA retaliation claim.
4. Whether the TCHRA provides a cause of action, and waives governmental immunity, for a pattern-and-practice discrimination claim.
5. Whether Hall established a prima facie case of aiding and abetting discrimination and exhausted administrative remedies for that claim.

Disposition

reversed_and_remanded