News & Information

CCH® UNEMPLOYMENT INSURANCE — 12/02/16

Claimant who failed to re-report previous harassment after transfer did not provide employer with chance to resolve issue

A decision to deny benefits was properly affirmed on summary judgment where a claimant failed to conclusively negate the existence of any such facts that reasonably supported the summary judgment. The claimant had resigned from her Houston-based job with the Louisiana Department of Revenue (LDR). She had transferred her location to the Houston office in part as a resolution to a grievance in which she alleged harassment by a supervisor. Once in Houston, she never reported any official complaints about her job or supervisors. The claimant contended that being required to re-report the discrimination was arbitrary, in light of the fact that she had filed an EEOC charge just before the transfer. The court rejected her contention and determined it was reasonable for the agency to require re-reporting and to ultimately determine that the claimant had not provided the employer with notice and opportunity to resolve the issue. The EEOC charge itself was not part of the evidence. The evidence did not relate the contents of the EEOC charge or even suggest the basis or context for the charges. Therefore, the court held that the evidence did not conclusively establish that the EEOC charge either contained allegations of an ongoing nature or otherwise included information sufficient to notify the LDR of and afford it the opportunity to resolve the discrimination problems the claimant allegedly faced (Joanne Stone v. Louisiana Dept. of Rev., Tex. Ct. of App., Third District, Austin, No. 03-14-00355-CV, October 27, 2016).