Texas Justices Wary of Worker’s Tort Rights Against Coworkers

Two judges on the Texas Supreme Court expressed doubt that state anti-discrimination law permits employees to simultaneously pursue common-law tort claims against coworkers based on workplace bias claims against their employer.

Justices Evan Young and Jane Bland appeared skeptical Tuesday of allowing former Southern Methodist University law professor Cheryl Butler to proceed with allegations that SMU and its employees discriminated and retaliated against her by denying her tenure application.

The suit claimed violations of the Texas Commission on Human Rights Act and federal workplace discrimination laws, and asserted various tort claims against SMU and several officials, including its then provost, ...