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Borg-Warner Protective Services v. Flores

955 S.W.2d 861 (1997)

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Borg-Warner Protective Services v. Flores

Texas Court of Appeals
955 S.W.2d 861 (1997)

RW

Facts

Amelia Flores (plaintiff) worked as a security guard for Borg-Warner Protective Services Corporation (Borg-Warner) (defendant). Flores was assigned to a small field office. The guard staff’s supervisor, Santiago “Jimmy” Gonzalez (defendant), repeatedly subjected Flores and other female guards to sexual harassment. Flores knew of one instance in which a female guard named Garcia reported a harassment incident to Borg-Warner managers, who took no action in response. Gonzalez’s harassment of Flores culminated in a rape during business hours. Gonzalez forbade Flores from telling other Borg-Warner supervisors about the incident. Nevertheless, through indirect channels, word of the rape reached Borg-Warner a few weeks later. Borg-Warner informed Flores that Gonzalez had been placed immediately on administrative leave and offered Flores a few days off. Instead, Flores resigned. Flores sued Borg-Warner on tort charges and for violating a Texas sexual-harassment law modeled after Title VII of the federal Civil Rights Act of 1964. The trial jury found that Borg-Warner had constructively discharged Flores and awarded Flores actual and punitive damages, to which the trial court added enhanced attorney’s fees. Borg-Warner appealed to the Texas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Chavez, J.)

Dissent (Seerden, C.J.)

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