A former Southern Methodist University professor can continue her defamation lawsuit against her former coworkers after a ruling by the Texas Supreme Court on Friday.
The university employees argued she could not sue under both the Texas Commission on Human Rights Act and other defamation claims because it was based on the same alleged behavior. The Texas Supreme Court disagreed, finding the TCHRA claims do not preempt common law tort claims.
Cheryl Butler was a law professor at the SMU Dedman School of Law from 2011 until 2017. During her employment at SMU, she published law review articles, gave nationwide lectures, and was rated an "outstanding" teacher in the torts, according to court documents.
"Nonetheless, as a scholar of race and employment discrimination, Professor Butler was well aware of the inordinate challenge it would be to secure tenure at SMU Law as a Black woman," attorneys for Butler said in court documents.
Butler was denied her application for tenure in 2016 and left the university the following year.
She sued the university and various administrators and professors after she left, alleging a "discriminatory and retaliatory scheme" took place during her entire employment at SMU.
According to court documents, Butler's husband’s deteriorating health due to stage four kidney failure took a toll on her and she was diagnosed with depression and anxiety along with her preexisting asthma and other health issues.
Butler allegedly reached out to administrators at SMU Law seeking accommodations. However, Butler alleged administrators spread false rumors about her, which included claims that she lied about her illness and was not committed to SMU Law.
An attorney for SMU and the administrators listed as defendants declined to comment.
Butler's case was dismissed by a federal judge in the Northern District of Texas. She appealed last year to the U.S. Fifth Circuit Court of Appeals, which asked the state Supreme Court to clarify the question of whether her discrimination claims were barred in Texas.
In a statement, Butler's attorney Ezra Young said he and his co-counsel were grateful to the Texas Supreme Court for clarifying discrimination claims can be brought alongside common law tort claims.
"Thankfully, SMU Law and other Texas employers can no longer hide behind lies, whether motivated by bias or not," Young wrote in the statement. "Hopefully this precedent also sends a strong signal to law schools around the nation that spurious tenure denials will not be tolerated."
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