HOUSTON – An opinion issued May 3 in the Texas 1st District Court of Appeals affirms a trial court's judgment against a nurse who cited the Texas Commission on Human Rights Act regarding alleged discrimination and retaliation at work.
In the May 3 opinion, the court affirmed the Galveston County District Court's summary judgment and dismissal of claims.
The judges found that plaintiff Alicia Guajardo failed to establish a prima facie case of retaliation and discrimination. Justices Harvey Brown, Sherry Radack and Michael Massengale contributed to the opinion.
Guajardo came to Texas 10th District Court to assert that her supervisor at University of Texas Medical Branch at Galveston, Samantha McBroom, demoted her due to a complaint about alleged discriminatory disciplinary activity. Guajardo is Hispanic.
Much of the original complaint hinged on Guajardo’s alleged failure to remove expired medications as part of delegated duties as a nurse supervisor. The opinion states she was given a written reprimand for this alleged action and "demoted back to nurse after receiving a poor annual evaluation" from McBroom.
Guajardo alleged that although she had been given a written warning for the failure to follow standards on expired medications, there were cases of other similarly situated, non-Hispanic workers not receiving written disciplinary action for the same issue.
After filing an internal grievance, Guajardo sought resolution in court. She alleges she was demoted after she filed the grievance.
“Guajardo’s grievance letter is too vague to have constituted protected activity,” the court wrote.
The court also cited lack of specific examples of treatment described in Guajardo’s internal grievance letter.
“She did not state that she believed the perceived discrimination was based on her race or national origin, and she did not provide any facts from which such an allegation might be reasonably inferred,” the court wrote. “Instead, Guajardo stated that she was filing the grievance 'on behalf of the nurses and their needs,' indicating that Guajardo was complaining about generally unfair treatment rather than discrimination based on race or national origin.”