Major Case Analysis

Laura Myers v. Sam Houston State University

Rhonda LaBelle
February 8, 2013





















Case Citation:
Laura Myers, Appellant v. Sam Houston State University, Appellee
No. 01-04-00667-CV
Court of Appeals of Texas, First District, Houston
2005 Tex. App. LEXIS 6373
August 11, 2005, Opinion Issued
(LexisNexis Academic)

Facts of the Case:
The Appellant, Laura Myers, filed a charge of discrimination against her employer, Sam
Houston State University (SHSU) alleging that she had been demoted from her position
as Assistant Dean of Academic Programs secondary to her gender and pregnancy.

Myers, who had taught at SHSU for six years, was promoted to Assistant Dean of
Academic Programs in September, 2000. Shortly thereafter, Myers informed her
supervisor, Dr. Richard Ward, the Dean and Director of the College of Criminal Justice,
that she was pregnant and her due date was January, 2001. Myers alleged that Ward,
upon learning of her pregnancy, stated that he would have never offered the promotion
if he had known she was pregnant. Myers also claims that other members of the SHSU
administration mistreated her, called her Mama during formal meetings, and the males
regularly made statements like, I wish I could get pregnant and take time off.

During her maternity leave in March, 2001, Ward informed Myers that the job
description for the Assistant Dean position would be changing. The new requirements
would be a 40-hour-a-week assignment, whereas the previous job description outlined a
position equally divided between administrative duties and faculty responsibilities
(teaching, research and service). Myers later met with Ward where he, allegedly,
suggested she be reassigned to Director of Research. Myers considered reassignment
a demotion and stated she was not interested. In spite of her objections, Ward
proceeded with the process of reassigning Myers. On September 10, 2001, Myers
reassignment was approved by the SHSU President, Dr. James Gaertner.

On February 13, 2002, Myers filed a charge against SHSU with the Texas Commission
on Human Rights (TCHR). Myers claimed her demotion was a discriminatory act based
on her gender and her pregnancy. The TCHR issued a right-to-sue letter to SHSU.
Myers also filed suit against Ward, William Wesley Johnson (the Associate Dean of
Administration, College of Criminal Justice), and Randy Garner (the Associate Dean of
Faculty, College of Criminal Justice).

Laws Applicable to this Case:
Two laws apply to this case. Title VII of the Civil Rights Act of 1964 prohibits
employers from discriminating against individuals based on their race, color, religion,
sex (gender), or national origin. The Pregnancy Discrimination Act of 1978 is an
amendment to Title VII of the Civil Rights Act of 1964. The Pregnancy Discrimination act
of 1978 extends the scope of illegal sex (gender) discrimination to include discriminatory
acts on the basis of pregnancy, childbirth, or related medical conditions. The Equal
Employment Opportunity Commission (EEOC) further states that employers may not
treat a female applicant or employee unfavorably because of pregnancy, childbirth, or a
medical condition related to pregnancy or childbirth (Noe, 69).

Final Decision of the Court:
This case was initially dismissed by a lower court the 278
th
District Court of Walker
County, Texas. SHSU argued that it had immunity for the tort and breach of contract
claims because, as a state university, it is a governmental institution immune from tort
liability (TEX. EDUC. CODE ANN. 111.01-.02). SHSU also claimed that Myers had not filed
discrimination charges within the required 180 days and, thus, the courts had no
jurisdiction over the case.

Myers, the Plaintiff, appealed the case to a higher court. Before the Court of Appeals,
Myers claimed the trial court erred in dismissing her gender and pregnancy claims.
Myers filed her complaint on February 13, 2002. Myers argued that her complaint was
filed within 180 days from the university presidents approval of her demotion, August
15, 2001. SHSU claimed, however, that the reassignment occurred when Myers met
with Ward in March 2001, ten months prior to the filing. SHSU further claimed that the
pregnancy discrimination claim was invalid because Myerss pregnancy ended on
January 21, 2001, a full 13 months prior to the charge of discrimination.

The Appellate Court cited that the trial court made no findings regarding the time of the
various discriminatory acts alleged by Myers. The trial court granted SHSUs plea
regarding jurisdiction in conformance with the statutes of TCHRA. On this basis, the
Appellate Court upheld the ruling (dismissal) by the trial court, stating it was not within
the Appellate Courts prerogative to review the plea to jurisdiction.

HR Analysis:
In my opinion, SHSU had a close call this case was dismissed on a technicality.
Based on the account given by Myers, I believe her transfer (demotion in her opinion)
was discriminatory based on the fact that she now had a child. It is ridiculous for
SHSU to claim that Myers reassignment occurred in March 2001, while she was on
maternity leave. It is a shame that this case never made it before a jury so that all the
facts could be brought forth.

What the employer did right was: (1) keep accurate records regarding dates of
communication, and (2) hire good attorneys who know the law and the loop holes.

It is unclear how long Myers was on maternity leave. Three months? Six months? The
current SHSU Faculty Manual extends 12-weeks of FMLA leave for employees who
have given birth or adopted a child (Employee Leaves, p.9). The U.S. Equal
Employment Opportunity Commission (EEOC) website states if a woman is temporarily
unable to perform her job due to a medical condition related to pregnancythe
employermust treat her in the same way as it treats any other temporarily disabled
employee. The EEOC further states it is unlawful to harass a woman because of
pregnancy (or) childbirth...Harassment is illegal when it is so frequent or severe that it
creates a hostile or offensive work environment or when it results in an adverse
employment decision (such as the victim being demoted).

No facts were presented that indicated Myers experienced any pregnancy
complications. As such, I do not see a reason for offering her a reassignment.
Furthermore, if she did experience the type of harassment she alleged, she was
working in a hostile workplace. Again, the dismissal of this case did not allow any of
these factors to be considered.

What the employer did wrong was not communicate effectively with Myers. When Myers
was offered the Assistant Dean of Academic Programs for the College of Criminal
Justice, she was under no obligation to disclose her pregnancy to Ward. Her pregnancy
status was irrelevant to the job duties. The job description outlined a position consisting
of 50% faculty responsibilities and 50% administrative duties.

Additionally, what SHSU did wrong was to change the Assistant Dean of Academic
Programs job description while Myers was on maternity leave. By the timeline
presented, Myers had performed in the Assistant Dean position for three months before
taking maternity leave. If changes to the tasks, duties and responsibilities were
warranted, a gradual transition to the new job description should have been
implemented. Myers was obviously a distinguished faculty member or she would not
have been offered the Assistant Dean position. She should have been given every
opportunity to succeed in that position. If she was not meeting goals, progressive
disciplinary action could have been pursued, or then transfer to another position.

Even though SHSU had these charges dismissed on a technicality, they lost when it
comes to having an effective human resource environment. There is no evidence
presented of an open door culture in 2001, where Myers could have taken her
concerns. The current SHSU Faculty Handbook states:
It is the policy of Sam Houston State University to review and resolve complaints
of discrimination and/or sexual harassment by any member of the University
community, including faculty, staff, students or visitors. Each supervisor has a
responsibility to maintain the workplace free of sexual harassment. This duty
includes discussing this policy with all employees and assuring them that they
are not to endure discrimination, to include insulting, degrading or exploitative
sexual treatment; and that false accusations will result in disciplinary action up to
and including termination. For employee-related complaints, the Associate Vice
President for Human Resources and Risk Management or designee will be
responsible for maintaining records of all formal complaints and the results of
such complaints . Sam Houston State University, in accordance with applicable
federal and state law and institutional values, prohibits discrimination or
harassment on the basis of race, creed, ancestry, marital status, citizenship,
color, national origin, sex, religion, age, disability, veterans status, sexual
orientation, or gender identity. All personnel actions, including recruitment,
employment, training, upgrading, promotion, demotion, termination, and salary
administration are reviewed to ensure Equal Employment Opportunity (EEO)
compliance (Discrimination, p. 1).

The current SHSU website shows nearly twice as many male faculty members as
women (30 and 18, respectively) in the College of Criminal Justice (Faculty List). If the
demographics were this disparate in 2001, perhaps diversity training would have been
beneficial for this group of faculty members. Diversity training that focused on attitudes
might have provided greater sensitivity to the male faculty members and prevented
discriminatory comments and acts from occurring. I find the Myers v. SHSU case ironic
since it revolves around discrimination in the College of Criminal Justice. This is one
group that I would think would know and respect the law.

Works Cited
Noe, Raymond A., et al. Fundamentals of Human Resource Management, Fifth Edition.
New York: McGraw-Hill Irwin, 2011. Print.
Sam Houston State University. Employee Leaves (B-1). 11 June 2013. www.shsu.edu.
Web. 07 Feb. 2014
Sam Houston State University. Discrimination, Sexual Harassment, and Equal
Employment Opportunity (EEO) (ER-7). 29 Mar. 2013. www.shsu.edu. Web. 07
Feb. 2014
Sam Houston State University. Faculty List. www.cjcenter.org. n.d. Web. 07 Feb. 2014