Edwards v. Andrews

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Drew Bowers (Ward) sustained a traumatic brain injury in 1981. As a result of the injury, he required 24-hour care. His mother, Patricia Bowers Edwards (Guardian) was appointed guardian of her son's person and property in 2004. As guardian, she was responsible for hiring approximately ten caretakers for Drew in his private residence. Two of the ten caretakers contracted to provide services for Drew were domestic workers, Deborah Sizemore and Brad Garrett. In 2013, Sizemore filed a "charge of discrimination" pursuant to the Oklahoma Anti-Discrimination Act, with the Attorney General's Office of Civil Rights Enforcement, claiming that her hours were dramatically reduced when she told the guardian she suffered from narcolepsy. Sizemore also claimed that she was sexually harassed at work by a male co-worker. She identified co-worker Garrett as a supporting witness in her complaint. The Guardian terminated the employment of both Sizemore and Garrett when she received the complaint from the Attorney General. The Guardian admitted she discharged Sizemore and Garrett from employment because the complaint was "the straw that broke the camel's back." Guardian moved for summary judgment arguing that Drew was the actual employer and that under section 1301 of the Act, a natural person did not meet the definition of "employer." Guardian further argued that under section 1302(B) of the Act, the prohibition of discriminatory practices did not apply to " . . .employment in the domestic service of the employer." The trial court denied Guardian's motion for summary judgment and Guardian brought this original action asserting immunity under the Act. Finding that indeed, Guardian was immune from suit under the Act, and that the trial court erred by not dismissing this case, the Supreme Court remanded the matter for the trial court to vacate its judgment and dismiss the case. View "Edwards v. Andrews" on Justia Law