Court of Appeals of Texas, Second District, Fort Worth
THE 30TH DISTRICT COURT OF WICHITA COUNTY TRIAL COURT NO.
WALKER, MEIER, and SUDDERTH, JJ.
Amarylis Mitchell appeals the trial court's final order
granting summary judgment for Appellee Texas Department of
Criminal Justice (TDCJ) on Mitchell's state law
discrimination and retaliation claims. See Tex.
Labor Code Ann. §§ 21.051(1), 21.055 (West 2015).
We will affirm.
an African-American female, worked at TDCJ's Allred Unit
as a Correctional Officer from 1999 to October 2012. Over the
course of her employment, she filed three Equal Employment
Opportunity (EEO) complaints and was disciplined three times.
the EEO complaints,
• In March 2007, Mitchell complained that Sgt. Billy
Hampton had sexually harassed her. The investigation
concluded that the facts did not support Mitchell's
allegation but that Sgt. Hampton may have committed a rule
violation under TDCJ's PD-22, General Rules of Conduct
and Disciplinary Guidelines for Employees. TDCJ reprimanded
• On January 5, 2011, Mitchell filed an EEO complaint
against Officer Anthony Veretto, claiming that he had used
profane and abusive language against her. The investigation
concluded that the alleged behavior did not violate
TDCJ's EEO policies but that there may have been a rule
violation. TDCJ reprimanded Officer Veretto.
• On January 10, 2011, Mitchell filed an EEO complaint
against Lt. Caryn Die, claiming that Lt. Die had harassed
Mitchell by speaking to her in a hostile tone when Mitchell
told Lt. Die that she was leaving sick. The investigation
determined that there had been no EEO violation, and the
matter was referred to the unit for action as deemed
• On January 10, 2011, TDCJ reprimanded Mitchell for her
participation in the verbal confrontation with Officer
Veretto. Mitchell committed a Level 3, Rule 15a violation and
received three months' probation.
• On March 14, 2012, TDCJ reprimanded Mitchell for
substandard performance, a Level 4, Rule 7 violation. TDCJ