Chapter 9-17 Retaliatory Discharge for Perception of Participation in Protected Activity

• Jurisdiction: United States

9-17 Retaliatory Discharge for Perception of Participation in Protected Activity

9-17:1 Overview

Both Congress and the Legislature have passed statutory schemes aimed at protecting employees from discriminatory tactics in the workplace. These statutes also protect employees which have filed a complaint or otherwise reported discriminatory tactics from retaliation.

9-17:1.1 Related Causes of Action

Wrongful Discharge: Breach of Employment Agreement, Suit for Retaliatory Treatment: Filing a Worker's Compensation Claim, Wrongful Discharge: Refusal to Perform Illegal Act, Employment Discrimination, Breach of Contract

MUST READ CASES

Dias v. Goodman Mfg. Co., L.P., 214 S.W.3d 672 (Tex. App.—Houston [14th Dist.] 2007, pet. denied)

Salay v. Baylor Univ., 115 S.W.3d 625 (Tex. App.—Waco 2003, pet. denied)

9-17:2 Expressly Rejected in Texas

Texas courts have expressly rejected a retaliation cause of action based upon the employer's perception that an employee engaged in a protected activity.⁸⁷ Rather, these courts have held that the relevant statutes require the employee's actual participation in a protected activity before an employer may retaliate.⁸⁸

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Notes:

^[87] Dias v. Goodman Mfg. Co., L.P., 214 S.W.3d 672, 678-79 (Tex. App.—Houston [14th Dist.] 2007, pet. denied); Salay v. Baylor Univ., 115 S.W.3d 625, 627 (Tex. App.—Waco 2003, pet. denied).

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