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Mota v. University of Texas Houston Health Science Center

If the plaintiff presents evidence supporting the prima facie case, plus evidence that the reasons given by the employer for the adverse employment action were pretextual, a jury may infer the existence of retaliation.

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Appeal from the United States District Court for the Southern District of Texas

This case presents claims under Title VII of retaliation and sexual harassment by a member of the same sex. A professor at the University of Texas Houston Health Science Center filed suit, alleging that he was harassed by his supervisor. He also claimed that the University retaliated against him for lodging complaints with the University and the EEOC. Following a jury trial, the district court entered judgment for the plaintiff on these claims, awarding compensatory damages, back pay, front pay, attorney’s fees, and costs.

The University challenges the court’s denial of its motion for judgment as a matter of law, asserting error on an array of legal and factual grounds. The University argues that the jury’s retaliation verdict was not supported by an adverse employment action and lacked an adequate basis in fact; that the alleged acts of harassment were not sufficiently severe or pervasive; that the jury erred in finding that the University had not established its affirmative defenses to the harassment claim; and that the court’s award of front pay, attorney’s fees, and costs was an abuse of discretion. We affirm the court’s judgment in virtually all respects, vacating only a portion of its award of costs.

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