King V. Texas Department Of Human Services

After losing a promotion to another job candidate, appellant, John King, sued his employer, the Texas Department of Human Services (the Department), claiming racial discrimination-in violation of both constitutional and statutory provisions-and denial of a statutory veteran's hiring preference. See Tex. Const. art. 1, § 3a; Tex. Civ. Prac. & Rem. Code Ann. §§ 106.001-.002 (West 1997 & Supp. 2000); Tex. Gov't Code Ann. §§ 657.001-.006 (West 1994). In an amended petition, King's constitutional racial discrimination claim was replaced by a second statutory discrimination claim, which was dismissed on a plea to the jurisdiction for lack of subject matter jurisdiction; his veteran's preference claim was eliminated on a no-evidence summary judgment granted in favor of the Department; and his first statutory racial discrimination claim was severed from the original action. King appeals both the dismissal and the summary judgment. We will reverse the dismissal of the second statutory racial discrimination claim and remand that portion of the cause to the trial court. As to the Veteran's Employment Preference claim, we will dismiss a portion of that claim for lack of jurisdiction and reverse the grant of summary judgment as to the remainder of that claim.