CAUSE NO.

_____________________

SUSAN LANGHAM, individually §

and on behalf of those §
similarly situated § IN THE DISTRICT COURT
§
Plaintiff §
§ ______ JUDICIAL DISTRICT
-v- §
§
TEXAS HEALTH & HUMAN SERVICES §
COMMISSION § VAN ZANDT COUNTY, TEXAS
§
Defendant. §

PLAINTIFF’S ORIGINAL PETITION – COLLECTIVE/CLASS ACTION

NOW COMES Plaintiff Susan Langham, on her behalf and on behalf of those

similarly situated, and files Plaintiff’s Original Petition.

Ms. Susan Langham is not provided equal pay for equal work. She has worked

as a Nurse III – Nurse Surveyor, pay grade B23 since 2009. She has worked with the

State of Texas since 2007. From at least 2018 until September 30, 2021, Ms.

Langham, as well as the other female Nurse III – Nurse Surveyors have been paid

less than 80 percent of the similarly situated male Nurse III – Nurse Surveyors with

the same pay grade. Indeed, one of the male Nurse III – Nurse Surveyors is paid

$10,000 more than Ms. Langham despite having nearly a decade less experience than

her as a Nurse III – Nurse Surveyor.

HHSC knows it has a problem. When Ms. Langham first brought this to her

supervisor’s attention nothing happened. Then after she filed a charge of

discrimination and hired an attorney to assert Equal Pay Act claims, HHSC raised
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PLAINTIFF’S ORIGINAL PETITION — PAGE 1
all Nurse III – Nurse Surveyor salaries to $70,000, which increased Ms. Langham’s

salary by almost $4,000. However, the pay gap was preserved because the men paid

more than Ms. Langham for the same work prior to the raise also received raises.

This pay gap cannot be explained by a seniority system, a merit system, a

system based on quality or quantity of production, or any other factor other than sex.

Instead, it is sex discrimination.

I
DISCOVERY PLAN

1. Plaintiff intends that this suit be governed by discovery control level two.

2. Plaintiff affirmatively pleads that this suit is not governed by the expedited

actions process in Texas Rule of Civil Procedure 169 because Plaintiff seeks

relief over $250,000 but not more than $1,000,000.00.

3. Specifically, Plaintiff seeks monetary relief over $250,000 but not more than

$1,000,000.00.

II
PARTIES

4. Plaintiff Susan Langham is an individual who resides in Van Zandt County,

Texas. She brings this action individually on her own behalf and on behalf of

all other similarly situated employees.

5. Defendant, Texas Health and Human Services Commission is a state agency

that may be served through its Executive Commissioner, Cecile Young, at 4900

North Lamar Blvd., Austin, TX 78751.

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PLAINTIFF’S ORIGINAL PETITION — PAGE 2
 III
JURISDICTION AND VENUE

6. Jurisdiction is appropriate because HHSC is a state agency and the acts giving

rise to this petition occurred in the State of Texas. Eleventh Amendment

sovereign immunity has been waived for Equal Pay Act claims. See Siler-

Khodr v. Univ. of Tex. Health Sci. Ctr. San Antonio, 261 F.3d 542, 549-51 (5th

Cir. 2001). Sovereign immunity has been waived for claims under Chapter 21

of the Texas Labor Code. Tex. Lab. Code §21.002(8)(D).

7. Venue is appropriate because the acts giving rise to this lawsuit occurred

within Van Zandt County, Texas.

IV
FACTS

8. Ms. Langham first started working for the State of Texas in 2007.

9. In 2009, Ms. Langham became a Nurse III – Nurse Surveyor, with a B23 salary

pay grade.

10. There are approximately 45 nurse surveyors across the six HHSC coverage

zones.

11. All nurse surveyors perform the same duties. These duties consist of

conducting on-site surveys of medical facilities to determine compliance with

state and federal law, regulations, and rules. All nurse surveyors also analyze,

compile, and review technical information obtained from record reviews, staff

interviews, and observations. Nurse surveyors conduct investigations of

compliance complaints, evaluate management, supervision and quality of care,

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PLAINTIFF’S ORIGINAL PETITION — PAGE 3
 as well as review plans of correction submitted by facilities. Finally, all nurse

surveyors develop recommendations for adverse state enforcement actions and

federal termination action, as well as refer issues to other regulatory agencies.

12. All nurse surveyors are able, expected to, and do work all over the state of

Texas performing their job duties.

13. Of the 45 nurse surveyors, only six are male. Their names are Pablo Rojas

Duarte, Jonathan Wilwayco, Edward Lang, Rick Smith, Kevin Miller, and Jon

Sampson.

14. At least four of the six male nurse surveyors have higher salaries than Ms.

Langham and other similarly situated women in Nurse III positions. None of

the men make less than Ms. Langham.

15. Ms. Langham currently makes $70,000. Prior to September 30, 2021, Ms.

Langham made $66,152 per year.

16. Mr. Duarte was hired on September 1, 2018 and currently makes $80,249 per

year. Prior to September 30, 2021, Mr. Duarte made $76,428 per year.

17. Mr. Wilwayco currently makes $78,978 per year. Prior to September 30, 2021,

Mr. Wilwayco made $75,217 per year.

18. Mr. Lang currently makes $72,765 per year. Prior to September 30, 2021, Mr.

Lang made $69,300 per year.

19. Mr. Smith was hired on March 18, 2019 and currently makes $75,499 per year.

Prior to September 30, Mr. Smith made $71,904 per year.

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PLAINTIFF’S ORIGINAL PETITION — PAGE 4
20. Mr. Miller is paid currently the same as Ms. Langham. Mr. Miller currently

makes $70,000 per year. Prior to September 30, 2021, Mr. Miller made $63,000

per year.

21. Mr. Sampson was just hired on September 27, 2021 and already makes

$70,000.

22. These pay discrepancies for Ms. Langham and other similarly-situated women

cannot be explained by a seniority system because Ms. Langham and many

women in the same position have been at the state longer.

23. For example, Ms. Langham and Mr. Sampson have the same salary as of

September 30, 2021, but Ms. Langham had been working for HHSC for about

12 years compared to Mr. Sampson’s three days.

24. The pay discrepancies for Ms. Langham and other similarly-situated women

cannot be explained by a merit system because pay for nurse surveyors is not

based on such a system.

25. Pay is not based on a system that measures salary by quality or quantity of

output.

26. Finally, HHSC does not use any other factor other than sex in setting salaries.

27. HHSC’s actions in paying Ms. Langham and other female nurse surveyors in

the same pay grade less than male nurse surveyors in the same pay grade

violates the Equal Pay Act and the Texas Labor Code.

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PLAINTIFF’S ORIGINAL PETITION — PAGE 5
28. Ms. Langham dual filed her charge of discrimination with the Equal

Employment Opportunity Commission and the Texas Workforce Commission

on June 7, 2021.

29. Ms. Langham became entitled to a Right to Sue from the Texas Workforce

Commission on December 5, 2021.

30. All conditions precedent have been met.

IV
FIRST CAUSE OF ACTION: EQUAL PAY ACT VIOLATIONS

31. Plaintiff incorporates all above paragraphs as if restated herein.

32. Defendant HHSC is subject to the Equal Pay Act.

33. Susan Langham and similarly situated women performed work in a position

requiring skill, effort, and responsibility similar to that of her male

counterparts.

34. Susan Langham and similarly situated women was paid less than her male

counterparts that were working under substantially equal jobs requiring

similar skills, effort, and responsibility as her position.

35. Because of the actions of Defendant, Ms. Langham and similarly situated

women has suffered damages.

36. HHSC has violated the Equal Pay Act.

V
SECOND CAUSE OF ACTION: TCHRA SEX DISCRIMINATION

37. Plaintiff incorporates all the above paragraphs as if restated herein.

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PLAINTIFF’S ORIGINAL PETITION — PAGE 6
38. HHSC pays Ms. Langham and similarly situated women less than similarly

situated male employees.

39. Ms. Langham and similarly situated women are paid less because of her sex.

40. HHSC has violated the Texas Labor Code.

VI
JURY DEMAND

41. Plaintiff demands trial by jury.

VII
DAMAGES

42. Plaintiff seeks all damages, on her behalf and on behalf of those similarly-

situated, allowed under the law, including monetary relief like back pay, benefits,

lost wages, and:

(a) Plaintiff seeks an injunction prohibiting Defendants from

engaging in unlawful practices.

(b) Plaintiff seeks additional equitable relief as may be appropriate

such as a raise, instatement, promotion, front pay, and court costs.

(c) Plaintiff seeks compensatory damages for future pecuniary

losses, emotional pain, suffering, inconvenience, mental anguish, loss of

enjoyment of life, and other nonpecuniary losses.

(d) Plaintiff seeks reasonable attorney’s fees and costs including

reasonable expert fees.

(e) Plaintiff seeks pre and post judgment interest at the maximum

rate allowed by law.

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PLAINTIFF’S ORIGINAL PETITION — PAGE 7
 WHEREFORE, premises considered, Plaintiff respectfully prays that

Defendant be cited to appear and, that upon a trial on the merits, that all relief

requested be awarded to Plaintiff, and for such other and further relief to which

Plaintiff is justly entitled.

Respectfully submitted,
WILEY WALSH, P.C.

By: /s/ Colin Walsh

Colin Walsh
Texas Bar No. 24079538
Board Certified Specialist, Texas Board of
Legal Specialization, Labor and Employment
Law
Jairo Castellanos
Texas Bar No. 24089624

WILEY WALSH, P.C.

1011 San Jacinto Blvd., Ste 401
Austin, TX 78701
Telephone: (512) 27-5527
Facsimile: (512) 201-1263
colin@wileywalsh.com

Paige E. Melendez
Texas Bar No. 24121731

ROB WILEY, P.C.

2613 Thomas Ave.
Dallas, TX 75204
Telephone: (214) 528-6500
Facsimile: (214) 528-6511
pmelendez@robwiley.com

ATTORNEYS FOR PLAINTIFF

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PLAINTIFF’S ORIGINAL PETITION — PAGE 8