Texas Commission on Human Rights, Texas Workforce Commission, David Powell, and Robert Gomez v. Marilou Morrison

In Casteel, 1 we held that error is presumed harmful and a new trial is required when a trial court submits a broad-form liability question containing both valid and invalid theories of liability because the appellate court cannot determine whether the jury relied on an invalid theory. In this employer retaliation case, a broad-form jury question allowed the jury to find liability based on a legal theory that was jurisdictionally barred and thus could not support liability. As in Casteel, we cannot determine whether the jury relied on the invalid theory. Accordingly, we reverse the judgment…