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Twigland Fashions, Ltd. v. Miller

The evidence was legally insufficient to support submission of the employee's hostile-work-environment theory of liability. Austin Court of Appeals, No. 03-07-00728-CV, 03-11-2010

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OPINION

Twigland Fashions, Ltd. (“Twigland”) appeals a judgment awarding one of its former store managers, Nemia Miller, $12,000 in actual damages on a hostile-work-environment theory of gender-based job discrimination through a supervisor’s sexual harassment. See Tex. Lab. Code Ann. §§ 21.051, .2585 (West 2006); Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 752-54 (1998); Hoffmann-LaRoche, Inc. v. Zeltwanger, 144 S.W.3d 438, 445 n.5 (Tex. 2004). In light of that award, the judgment also awarded Miller, as the prevailing party, over $150,000 in attorney’s fees. See Tex. Lab. Code Ann. § 21.259 (West 2006).

In five issues, Twigland asserts that (1) the evidence was legally insufficient to support a jury submission or finding of its liability under a hostile-work-environment sexual-harassment theory, or it was at least factually insufficient to support that finding; (2) Twigland conclusively established its Faragher/Ellerth affirmative defense or that the jury’s failure to find for Twigland on that issue was against the great weight and preponderance of the evidence; (3) Miller failed to present legally or factually sufficient evidence that she incurred any compensatory damages; (4) the district court abused its discretion in admitting certain evidence; and (5) the evidence was legally and factually insufficient to support the attorney’s fee award given the amount of actual damages awarded. Because we agree with Twigland that the evidence was legally insufficient to support submission of Miller’s hostile-work-environment theory of liability, we will reverse and render judgment that Miller take nothing on her claims.

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