United States District Court, S.D. Texas, Houston Division
VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE
before the Court is Defendant's First Amended Motion to
Dismiss. (Instrument No. 13).
an employment discrimination action brought by Plaintiff
Robin Carr ("Carr" or "Plaintiff) against her
former employer, Defendant Humble Independent School District
("HISD" or "Defendant"). (Instrument No.
12). Plaintiff brings claims of sex discrimination, hostile
work environment, and retaliation under Title VII of the
Civil Rights Act, 42 U.S.C. § 2000(e) and the Texas
Labor Code, as well claims under Title DC of the Civil Rights
Act, 42 U.S.C. §§ 1981 and 1983, and the common law
tort of invasion of privacy. Id. Defendant moves to
dismiss Plaintiffs claims of discrimination under Title VII
and the Texas Labor Code as well as Plaintiffs claims under
Title DC, 42 U.S.C. §§ 1981 and 1983, and the
common law tort of invasion of privacy. (Instrument No. 13).
Defendant does not seek to dismiss Plaintiffs claims for
hostile work environment and retaliation under Title VII and
the Texas Labor Code. See Id. at 10. ("The
District is not conceding or admitting that it or any of its
employees actually engaged in sexual harassment or
retaliation of any kind, but believes that enough facts have
been pled in the First Amended Complaint so as to make those
claims unsuitable for dismissal under Rule 12(b)(6)").
is a black lesbian woman who was employed full time as an
at-will probationary police officer in the HISD police
department. (Instrument No. 12 at 5). Plaintiff began her
employment in June 2014 and resigned in February 2015 due to
an alleged constructive discharge. Id. at 5 and 12.
supervisor at HISD was Sergeant Bobby Brown
("Brown"). Id. at 5. According to
Plaintiff, Brown displayed hostility towards her from the
first day they met. Id. Because Plaintiff
"dressed, spoke, and acted in a manner that was not as
feminine as other women, " she was told that she
"looked gay." Id. Brown also spoke with
Plaintiff about other women's "breasts" and
"asses, " because he believed that she would share
his interest in such comments. Id. at 6. But
according to Plaintiff, these comments simply "created
an atmosphere where sexual harassment and discrimination in
the workplace [were] prevalent." Id.
claims that Brown delayed her training because he did not
approve of her sexual orientation and conformity to sex
stereotypes. Id. at 9. Despite starting work at HISD
in June 2014, she was not able to attend a training class
until September 2014. Id. at 8. Whereas other
officers were allowed to use HISD vehicles during training,
Plaintiff had to use her own personal car. Id.
Plaintiff also asked to take off work when her mother was
diagnosed with terminal pancreatic cancer, but she was only
permitted to leave work early a couple of times. Id.
also alleges that her co-workers discriminated against her on
the basis of her sexual orientation and gender conformity.
Id. at 9. Another female officer gave her the
"silent treatment" when Plaintiff was assigned to
ride with her on patrol. Id. Plaintiffs training
officer asked her sexually explicit questions and discussed
his own "sexual conquests and sexual prospects
daily." Id. Plaintiff complained about these
comments to HISD Human Resources but "her complaints
were ignored by the District." Id.
working at HISD, Plaintiff had never visited Humble and was
unfamiliar with the area. Id. at 10. Because of this
unfamiliarity, Plaintiff alleges that Brown "ridiculed,
harassed, and cursed" her for getting lost and making
wrong turns. Id. Brown also assigned Plaintiff to
work nights even though "no other female officer worked
alleges that Brown placed her life in danger by assigning her
to drive an old patrol car with an outdated inspection
sticker, a bad battery, and no seatbelt. Id.
Plaintiff was so appalled by the car that she complained to
the federal Occupational Safety and Health Administration.
Id. at 11. When she told Brown about her complaints,
he laughed and said, "If you want to be a man you need
to learn how to jump a battery." Id. Meanwhile,
when Plaintiff sprained her ankle and asked to be assigned to
light duty, Brown made her maintain the same assignments.
Id. at 12.
February 11, 2015, Plaintiff was contacted by Lieutenant
Stanford at HISD and told that Chief Cook, the head of the
department, wanted her to "resign or quit."
Id. Plaintiff then took her resignation to Human
Resources and wrote on it that she was "forced to resign
not of my own free will." Id.
filed a charge of discrimination with the Equal Employment
Opportunity Commission and Texas Workforce Commission within
180 days of the alleged discrimination. (Instrument No. 12 at
4-5). Within 90 days of receiving a right to sue letter,
Plaintiff filed this original action on February 10, 2017 in
the 295th Judicial District Court of Harris County, Texas.
(Instrument No. 1). The case was then removed to this Court
on March 10, 2017. Id.
6, 2017, Defendant filed a motion to dismiss for failure to
state a claim. (Instrument No. 9). During the scheduling
conference on June 16, 2017, the Court gave Plaintiff leave
to amend her complaint and denied the motion to dismiss as
moot. See (Instrument No. 11). On June 30, 2017,
Plaintiff filed the First Amended Complaint. (Instrument No.
12) (hereinafter, "Complaint"). On July 14, 2017,
Defendant renewed and amended ...