Texas Supreme Court highlights manager’s actions in sexual harassment case

On June 14, the Texas Supreme Court issued an opinion that adds to our understanding of sexual harassment claims under the Texas Labor Code. That’s important, and the story that many will tell. So will we. But the law only manifests itself through individuals. There’s always a story beneath the story. Here, it involves a store manager and is of equal import. We wrote about this case previously, before the supreme court had issued its opinion (see “Texas Supreme Court tackles hostile work environment claim” in the May 2024 issue). Read on to learn how the court took an interesting turn, focusing on the manager’s actions as key to its decision.

Employee harassed

Nicole Harris worked for the Fossil Group as a saleswoman in one of its high-end stores from November 2018 until her resignation in May 2019. Carey Zaborowicz was her store manager, and Leland Brown the assistant manager, although it was a fancy title for a rank-and-file employee.

Brown engaged in various acts of unwelcome sexual conduct toward Harris, most of it via electronic means. Harris only worked four days in April 2019, resigning on May 2. She decided to resign because of various scheduling conflicts with her other various jobs. Here is her resignation email: