ABQ Times

A significant employment discrimination case is currently under consideration at the Texas Supreme Court, with a University of New Mexico law professor playing a key role in the legal proceedings. Professor Warigia Bowman is part of the team representing Cheryl Butler in the case of Butler v. Collins. This case involves questions certified by the U.S. Fifth Circuit Court of Appeals, focusing on issues related to employment discrimination in tenure denial and defamation under Texas common law.

Bowman explained that Butler was a tenure-track law professor at Southern Methodist University (SMU) who was denied tenure after her husband fell ill during the 2014-2015 academic year. The university contested this claim, stating that Butler's husband was neither sick nor dying. In response, Butler initiated legal action against SMU in 2018.

“I think what is important about this case is professors on the tenure track are very vulnerable and don't have a lot of protection," said Bowman. "Of course, my client, Cheryl Butler, is an African American professor and there are few black female professors."

The central legal question pertains to whether the Texas Commission on Human Rights Act (TCHRA) preempts common law defamation claims under the Texas constitution. Common law defamation involves false statements made about an individual.

Bowman noted that SMU Law's refusal to provide access to Butler's tenure box during litigation was unusual and hindered verification of SMU's claims regarding her qualifications for tenure.

“I know this client, she’s outstanding," Bowman remarked. “Her work is so meaningful and important, so for me, it’s very emotional in the sense that this was a miscarriage of justice."

With experience as a former litigator with the U.S. Department of Justice and Clerk of the Texas Supreme Court, Bowman joined UNM's School of Law faculty in 2024. Her expertise led to her involvement as Co-Counsel in this case.

“One thing I love about UNM is how diverse and thoughtful our faculty is and how seriously they take issues of fairness and equity," Bowman said.

The legal team awaits a decision from the Texas Supreme Court expected in February before returning to the Fifth Circuit for further deliberation.

“I am optimistic we will prevail on some of the counts," she said. "This is going to be a landmark case, a landmark discrimination case nationally.”