Melinda Abbt v. City of Houston and John Chris Barrientes

In a case that has already changed Texas sexual harassment law, a jury awarded $250,000 to a female firefighter whose supervisor obtained an intimate video made for her husband and secretly watched it for years.

The jury awarded $80,000 in actual damages for mental anguish, $50,000 in punitive damages and $120,166 in attorneys’ fees to Melinda Abbt in Judge Ursula Hall’s court.

The U.S. Fifth Circuit Court of Appeals in March 2022, in reversing a hostile work environment summary judgment order in this case, set two new precedents in hostile work environment cases.

The panel found the firefighter did not need to experience harassment in real time for it to be actionable. According to the ruling, the victim still has a claim if she finds out later about what happened behind her back. This is the first time the court has ruled on that issue.

The appellate panel also ruled that the City of Houston can be liable if a workplace harassment report goes up the chain of command but stops because a supervisor who was a recipient of the notice is also a participant in the harassment. This is also the first time the court has ruled on this issue.

AZA Lawyers:  Kelsi Stayart White, Joe Ahmad, Jordan Warshauer, Karina Sanchez-Peralta, Colin Phillips

Case Type: Appellate and Litigation Plaintiff