, 566 S.W.3d 82 (Tex. App.—Houston [14th Dist.] 2018)Chapter 21 Texas Labor Code or Title VII Preemption of Sexual Harassment ClaimsIn a sexual harassment case involving a 16-year-old employee and her 26-year-old supervisor, the Court of Appeals held that the trial court’s erroneous instruction probably caused the rendition of an improper judgment because the jury was prohibited from considering the fact that the employee consented to a sexual relationship with her supervisor. Proper jury instructions may have resulted in a different assessment of damages. The Court of Appeals also held that the limitations period on the employee’s harassment claim was tolled during the period of her minority, and her administrative complaint was timely because it was filed before she reached the age of eighteen under Tex. Civ. Prac. & Rem. Code Ann. § 16.001. Also, in B.C. v. Steak N Shake Operations, Inc., 512 S.W.3d 276 (Tex. 2017), the Texas Supreme Court held that Chapter 21 of the Texas Labor Code and Title VII preempt a plaintiff’s tort claim for sexual assault or battery if the gravamen of the plaintiff’s allegations is sexual harassment. In this case the court applied the six-part test from B.C. v. Steak N Shake Operations, Inc for determining whether discrimination law preempted a tort claim for sexual assault/battery against an employer based on a supervisor’s conduct that culminated in statutory rape.