San Antonio Water System v. Nicholas
Supreme Court of Texas, No. 13-0966 (April 24, 2015)
Opinion by Justice Brown
The Texas Supreme Court disagreed, concluding that—as a matter of law—no reasonable person could conclude the lunch invitations complained of gave rise to an actionable claim of sexual harassment. Moreover, the fact that SAWS instructed Nicholas to reprimand and counsel the executive is insufficient to establish an objective good-faith belief that sexual harassment occurred. Rather, the Texas Supreme Court reasoned, the evidence suggested SAWS took immediate action to prevent conduct that is not actionable from escalating into conduct that is actionable. Because Nicholas did not engage in protected activity, the Court reversed the judgment in favor of Nicholas.