![]() ![]() ![]() She filed her lawsuit against NME Hospitals Inc., d/b/a Sierra Medical Center, Sierra Laboratory Associates, and Jorge Bilbao, M.D., alleging sex discrimination, tortious interference with employment, and breach of contract on December 23, 1994. Her employment with SLA was terminated on May 25, 1994. She later filed a discrimination claim with the EEOC. ![]() She refused to sign the release documents. They conditioned her continued employment at SLA upon Rennels signing a release of claims against both SLA and Sierra Medical Center of any claims of employment discrimination. On April 28, 1994, SLA's attorneys advised Rennels she would not be made a shareholder. Pester assured Fry she would do whatever was needed to prevent Rennels from becoming a shareholder. In that conversation, Fry told Pester that he had no plans to allow Rennels to become a shareholder in SLA, and requested Dr. On April 4, 1994, Rennels overheard a conversation between Marcus Fry, CEO for the hospital, and Judy Pester, M.D., a shareholder at SLA. She believed the purpose of the letter was to assure her that SLA desired to have her as a shareholder. ![]() Later in 1994, she received a letter from SLA informing her that she would be made a shareholder when the necessary paperwork was completed. In her summary judgment affidavit, Rennels stated that on October 7, 1993, her attorney gave notice to the hospital that she was opposing a discriminatory practice in her employment at SLA, namely that SLA was refusing to promote her to shareholder because of her gender. The contract between SLA and the hospital necessarily entailed continuous interaction between SLA and the hospital administrators. In turn, SLA contracted with the hospital to provide it with pathology services. Rennels was employed by Sierra Laboratory Associates (SLA) as a pathologist. The trial court granted the hospital's motion. The hospital also argued that because Rennels had no cause of action under the TCHRA, her derivative civil conspiracy claim must also fail. could not maintain causes of action against the hospital for violating the Texas Commission on Human Rights Act (TCHRA) because the hospital was not her employer. d/b/a Sierra Medical Center (the hospital) moved for summary judgment urging that plaintiff Margaret Rennels, M.D. Finding that under the facts here the Act may apply, we reverse and remand. This case involves the application of the Texas Commission on Human Rights Act where the parties do not have a direct employer/employee relationship. 1973) have recognized a cause of action where persons have been unfairly prejudiced by discriminatory interference with their employment opportunities by a party other than their direct employer. In such a situation, numerous federal courts, relying on the well-considered opinion in Sibley Mem'l Hosp. We believe Rennels' relationship with the hospital was one in which the TCHRA may be invoked, even though the hospital did not directly employ Rennels, because it had the power to adversely affect Rennels' business opportunities in much the same manner as a direct employer, a labor union, or an employment agency. ![]()
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3/20/2023 09:26:09 am
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3/20/2023 09:34:30 am
Sla's attorneys advised Rennels she would not be made a shareholder. Pester assured Fry she would do whatever was needed to prevent Rennels from becoming a shareholder. Thank you for the beautiful post!
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