Case: Butler V. Collins, No. 23‑10072, 2024 WL 3633698 (5th Cir. Aug. 2, 2024) (Certified Question Accepted Aug. 9, 2024)
If you have questions about how this decision may affect you and your issues with your employer, or have a different issue with your employer and your rights as an employee, our New Mexico employee’s rights lawyer is available for a free case consultation to discuss your situation.
Brief Facts
A law professor sued her university and individual administrators after being denied tenure, asserting federal and state discrimination claims and state-law torts like fraud and defamation. The trial court dismissed the tort claims against the individuals as preempted by the Texas Commission on Human Rights Act (TCHRA).
What The Court Decided
The Fifth Circuit asked the Texas Supreme Court to decide whether TCHRA preempts common-law tort claims against individual supervisors (not just the employer). The answer will determine if workers can pursue certain torts against individuals in addition to TCHRA claims.
What This Means In Plain English
Whether you can sue a manager personally for defamation or fraud tied to discrimination is an open question. Texas’s high court will give the definitive answer.
How This Affects Employees
If the court finds no preemption, employees may have additional paths to hold individual wrongdoers accountable.
If it finds preemption, those tort claims may have to be brought—if at all—through TCHRA procedures against the employer.
Watch this case if you’re considering claims against individual decision-makers.
If you need help with a workplace issue, the dedicated team at Davie & Valdez P.C. is here for you. We offer free consultations and work on contingency. This means that if we don’t win, you do not owe us anything.
Note: This post summarizes recent developments and is not legal advice. Speak with a lawyer about your situation.