HOUSTON - The 14th Court of Appeals yesterday affirmed a ruling denying the St. Joseph Medical Center’s motion for arbitration in a lawsuit claiming a woman was wrongfully terminated from the hospital after reporting a mental health patient sexually assaulted her.
The lawsuit was brought by Olanma Destiny Anozie, who worked at St. Joseph’s Center for Behavioral Health as a registered nurse. In December 2022, a mental health patient allegedly assaulted her by slapping her “buttock area” and yelled racial slurs at her.
According to the 14th Court’s opinion, Anozie reported the incident to her manager and a week later she was terminated. She sued St. Joseph for retaliation, alleging that she was wrongfully terminated because she reported a violation of law.
Court records show St. Joseph moved to compel arbitration, proffering an arbitration agreement signed by Anozie in June 2021. The trial court denied the motion and the hospital appealed.
On appeal, the center issue was whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act invalidates the arbitration agreement between St. Joseph and Anozie.
“We conclude that it does, and we affirm the trial court’s order,” the opinion states. “We hold that Anozie has alleged conduct constituting a sexual assault dispute, and that her suit asserting a retaliation claim relates to the sexual assault dispute. Therefore, the Act applies.
“Because Anozie has elected to oppose arbitration under the Act, the arbitration agreement is not enforceable with respect to her case. We affirm the trial court’s order.”
Appeals case No. 14-23-00300-CV