Kerrville State Hospital v. Fernandez

in which Justice ENOCH, Justice ABBOTT, Justice HANKINSON, Justice O’NEILL, and Justice GONZALES, joined.

The Anti-Retaliation Law of the Texas Labor Code prevents a person from discharging or discriminating against an employee for filing a workers’ compensation claim in good faith or hiring legal representation in such a claim. Tex. Lab.Code § 451.001. That law clearly applies to private employers. We have also held that it applies to political subdivisions because the Legislature waived sovereign immunity. In these two cases consolidated for decision, we must decide whether state agencies…