United States District Court, W.D. Texas, San Antonio Division
[Copyrighted Material Omitted]
For Stephanie Sanders, R.N., Plaintiff: David Gregory Harris, Lonnie E. Chunn, LEAD ATTORNEYS, Chunn, Price & Harris, San Antonio, TX; Jonathan Sandstrom Hill, LEAD ATTORNEY, Ross Law Group, Austin, TX.
For CHRISTUS Santa Rosa Physicians Ambulatory Surgery Centers - San Antonio, LLC, Defendant: Danya Wayland Blair, Lori W. Hanson, Marc K. Whyte, LEAD ATTORNEYS, Beirne, Maynard & Parsons, L.L.P., San Antonio, TX.
XAVIER RODRIGUEZ, UNITED STATES DISTRICT JUDGE.
On this day came on to be considered Defendant's motion for summary judgment (docket no. 40). The motion is denied.
Plaintiff originally filed this lawsuit in state court. Defendants timely removed.
Plaintiff was employed at Christus Santa Rosa and resumed her employment at Christus Santa Rosa Physicians Ambulatory Surgery Centers in October 2010 as a recovery room registered nurse. In April 2011, she was transferred to surgical pre-op nurse. Defendant Dr. Michael Decherd is a surgeon with privileges to perform surgeries at Christus Santa Rosa's facility.
Plaintiff alleges that from early 2011 through the summer of 2012, Michael E. Decherd, M.D. " made continued and escalating verbal comments of a sexual nature and unwanted touching of and directed toward" her. She alleges that his conduct created " an intimidating, sexually hostile and offensive work environment" in violation of Title VII of the Civil Rights Act and the Texas Labor Code. She further alleges that Christus Santa Rosa knew or should have known of Dr. Decherd's behavior and character, but failed to protect her.
After complaining about Dr. Decherd, Plaintiff alleges that she was given the choice of having to work at the Treeline facility with no assurances about Dr. Decherd's behavior or being transferred to the Stone Oak facility. After she transferred to the Stone Oak facility, she alleges that she suffered a loss of hours.
With regard to Dr. Decherd, Plaintiff alleges that his actions were extreme and outrageous and constituted intentional infliction of emotional distress. Plaintiff and Dr. Decherd have reached a settlement of their dispute, and that claim is no longer pending.
Christus Santa Rosa's motion for summary judgment
First, Defendant argues that Plaintiff made no complaints of sexual harassment until April 20, 2012. It argues that pursuant to Faragher , it did not know nor should have known of any harassment prior to April 20. On that date Plaintiff verbally complained to the facility Administrator, Lynne Pinard and the Pre-Op supervisor, Isabella Herrera, that Dr. Decherd was asking her out for drinks, asking her for hugs, talking to her about personal matters, and showed her pornography from his cell phone. ...