Government Officials Immunity - Sexual Harassment Reporting Procedure
Discretionary acts performed by government officials enjoy immunity from suit. Brooks v. Scherler, 859 S.W.2d 586, 588 (Tex. App.-Houston [14th Dist.] 1993, writ denied).
Discretionary actions require deliberation, decision, and judgment. Id.
In contrast, ministerial actions require obedience to order or the performance of a duty about which the actor has no choice. Id.
In the context of sexual harassment claims, at least one court has held that an employee's compliance with sexual harassment reporting procedure is a discretionary act. See Brooks, 859 S.W.2d at 588.
The court in Brooks recognized that the effectiveness of the program depended upon the ability of the employees to exercise their discretion to determine whether an act occurred and if it should be reported, without the fear of litigation. Id.