Perez v. Living Centers-Devcon, Inc.

OPINION

LÓPEZ, Justice.

The issue in this case is whether a plaintiff with a cause of action falling within the purview of the Texas Commission on Human Rights Act (TCHRA) may fashion her claim as a common law cause of action to avoid the administrative review system of the TCHRA. Carmen Barrera Perez sued her former employer, Living Centers of America, Inc., for sexual harassment. In response, Living Centers of America, and its administrator, Ian Groggle, removed the case to federal court and filed their answers. Shortly after-wards, a federal district judge determined that the federal court…