Sanders v. Christus Santa Rosa PASC (Summary)

HOSTILE WORK ENVIRONMENT

Sanders v. Christus Santa Rosa PASC, No. SA-13-CV-250-XR (W.D. Tex. Jan. 17, 2014)

The United States District Court for the Western District of Texas denied an ambulatory surgical center’s (“ASC”) motion for summary judgment, finding that a genuine issue of material fact existed as to whether a registered nurse’s hostile work environment claim could be established. The surgical pre-op nurse claimed that after complaining that a surgeon sexually harassed her, she was given the choice of remaining at the facility on a different floor or transferring to a different facility.  The nurse then filed a lawsuit claiming she suffered a loss of hours after transferring to the other facility.

The court found that the nurse adequately exhausted her administrative remedies before the state’s Workforce Commission by notifying it that the surgeon was sexually harassing her and that she complained to her supervisor of the alleged conduct. The court further found that the nurse timely filed her charge of discrimination with the Workforce Commission. With regard to the nurse’s hostile work environment claim, the court found that there existed a genuine issue of material fact as to whether the alleged acts were severe or pervasive and whether the ASC exercised reasonable care to prevent and promptly correct any sexually-harassing behavior. Lastly, the court found that while the nurse may not be entitled to any lost wages because she voluntarily quit her job at the ASC, she may still be entitled to a jury question on whether she should be awarded compensatory damages for emotional pain or mental anguish.