First domino falls for sexual orientation claims in Texas

The Texas Commission on Human Rights Act (TCHRA) protects employees from sexual orientation discrimination, the Texas Court of Appeals in Dallas recently decided in a 2-1 vote. It was the first time the court had taken the position, coming in the wake of the U.S. Supreme Court’s landmark July 2020 ruling that Title VII of the Civil Rights Act of 1964 protects gay and transgender individuals from workplace discrimination. So, it is indeed the first state court ruling, but will it be the one and only?

Before and after

Amanda Sims began working for the Tarrant County College District in 2016. All was good in the beginning as she received above-average performance reviews and, to boot, the chancellor’s excellence award for her work achievements.

Now, for what came later: While serving on a school committee addressing workplace diversity, Sims let her supervisor and coworkers know she is a lesbian. After the announcement, the supervisor allegedly expressed religious-based disapproval of the homosexuality but added she, as a manager, must “overlook her bias.”

Despite the supervisor’s pledge, Sims claimed she experienced sexual orientation discrimination. On March 26, 2019, she filed a complaint with the Fort Worth Human Relations Commission, where a city ordinance prohibits sexual orientation bias.

About two weeks later, on April 4, the employer placed Sims on administrative leave (the court’s opinion doesn’t say why). And on July 1, 2019, she was terminated. Litigation ensued.

Is Bostock the law of Texas?