Texas Supreme Court hears key retaliation case

The Texas Supreme Court recently held an oral argument on what constitutes protected activity for purposes of a retaliation claim under the Texas Commission on Human Rights Act (TCHRA). The formula sounds simple but is anything but: An employee who engages in the protest of unlawful discrimination cannot be retaliated against for doing so. But exactly what constitutes a “protest” triggering the antiretaliation protection?

Paralegal protests discrimination, or does she?

Cathryn Davis was a paralegal for Apache Corporation, a Houston-based company engaged in oil and gas exploration. She started in March 2006 when she was 52 years of age and was terminated on January 25, 2013.

During Davis’ stint with Apache, several events occurred. For example, she was denied a promotion, and she claimed the company refused to accommodate her schedule for a personal matter while granting the same allowance to others. There was a variety of other alleged performance and work-related issues. (If you’re interested in the details, you can read the brief filed with the court or watch the oral argument by going to the court’s website.)

What’s pertinent for us is an e-mail Davis sent to her boss (a lawyer) and the company’s in-house employment counsel and HR department on December 3, 2012. It’s a long note, and here is the key part for our purposes: