University of Texas at El Paso v. Magdalena Ochoa
Magdalena Ochoa, a former temporary employee, sued The University of Texas at El Paso (UTEP) for sexual harassment, sex discrimination, and retaliation under the Texas Commission on Human Rights Act (TCHRA). This appeal by UTEP challenges the trial court's denial of its plea to the jurisdiction, asserting governmental immunity and arguing it was not Ochoa's employer. The appellate court examined the hybrid economic realities/common law control test and the Rennels test for standing. While finding UTEP did not satisfy the economic realities component of an employer-employee relationship, the court concluded that a fact issue existed regarding UTEP's control over Ochoa's employment opportunities for standing under the Rennels test. Consequently, the appellate court affirmed the trial court's decision to deny UTEP's plea to the jurisdiction.