HOUSTON - Yesterday, the First Court of Appeals reversed a ruling denying Texas Southern University summary judgment in a discrimination lawsuit.
According to the opinion, Dr. Gautam Nayer sued his former employer, Texas Southern University, alleging that it discriminated and retaliated against him in violation of the Texas Commission on Human Rights Act.
In August 2009, Nayer was hired by TSU. In September 2018, Nayer complained to the Equal Employment Opportunity Commission that TSU had discriminated against him based on his race (non-African American) and national origin (Indian), retaliated against him for opposing the discrimination, and placed him in a hostile work environment.
Court records show TSU filed a hybrid no-evidence and traditional motion for summary judgment, arguing that it retained sovereign immunity because Nayer’s claims were untimely, he failed to administratively exhaust some claims, he failed to present direct evidence for his claims, and he failed to establish a prima facie case for his claims.
The trial court denied TSU’s motion and the university appealed.
The First Court reversed and rendered judgment for TSU.
“Considering the totality of the circumstances, we conclude that the conduct alleged by Nayer, even if true, was not extreme and did not affect the terms and conditions of his employment,” the opinion states. “Accordingly, we hold the trial court erred by denying TSU summary judgment on Nayer’s hostile work environment claim.”
Case No. 01-21-00497-CV