Diana WARD, Plaintiff-Appellant, v. BECHTEL Corp., Defendant-Appellee, 102 F.3d 199 (5th Cir. 1997). · Go Syfert
Diana WARD, Plaintiff-Appellant, v. BECHTEL Corp., Defendant-Appellee, 102 F.3d 199 (5th Cir. 1997). Cases Citing This Book View Copy Cite
116 citation events (67 in the last 25 years) across 13 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) McGlinchey v. CIOX Health, LLC.
S.D. Miss. · 2025 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997).
discussed Cited as authority (rule) Burroughs v. Affordable Care, LLC f/k/a Affordable Care, Inc.
E.D. Tex. · 2024 · confidence medium
As the Fifth Circuit has explained, the TWCA “provides the exclusive remedy for injuries sustained by an employee in the course of his employment as a result of his employer’s negligence.” Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir. 1997) (citing Dickson v. Silva, 880 S.W.2d 785 (Tex. App.— Houston [1st Dist.] 1993, writ denied)).
cited Cited as authority (rule) Young v. Cedar Crest Hospital & Residential Treatment Center
W.D. Tex. · 2023 · confidence medium
Tex. 2007) (internal citation omitted); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997).
discussed Cited as authority (rule) Clark v. BP Exploration & Production, Inc.
S.D. Miss. · 2023 · confidence medium
“Scientific knowledge of the harmful level of exposure to a chemical, plus knowledge that the plaintiff was exposed to such quantities, are minimal facts necessary to sustain the plaintiffs’ burden in a toxic tort case.” Allen, 102 F.3d at 199.
discussed Cited as authority (rule) Griffin v. BP America, Inc.
E.D. La. · 2023 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Williams has not provided this information with respect to the general population, her report is unreliable and her general causation opinions inadmissible.
discussed Cited as authority (rule) Martin v. BP America, Inc.
E.D. La. · 2023 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Williams has not provided this information with respect to the general population, her report is unreliable and her general causation opinions inadmissible.
discussed Cited as authority (rule) Campbell v. BP Exploration & Production, Inc. (2×)
E.D. La. · 2022 · confidence medium
These studies, both of which are “silent on the level of exposure . . . that would be significant,” do not assist Dr. Cook in “meeting [plaintiff]’s ‘minimal burden of establishing by ‘[s]cientific knowledge . . . the harmful level of exposure to a chemical.’” Seaman, 326 F. App’x at 727 (quoting Allen, 102 F.3d at 199).
discussed Cited as authority (rule) Brumfield v. BP Exploration & Production, Inc. (2×)
E.D. La. · 2022 · confidence medium
These studies, both of which are “silent on the level of exposure . . . that would be significant,” do not assist Dr. Cook in “meeting [plaintiff]’s ‘minimal burden of establishing by ‘[s]cientific knowledge . . . the harmful level of exposure to a chemical.’” Seaman, 326 F. App’x at 727 (quoting Allen, 102 F.3d at 199).
discussed Cited as authority (rule) Bland v. BP Exploration & Production, Inc. (2×)
E.D. La. · 2022 · confidence medium
These studies, both of which are “silent on the level of exposure . . . that would be significant,” do not assist Dr. Cook in “meeting [plaintiff]’s ‘minimal burden of establishing by ‘[s]cientific knowledge . . . the harmful level of exposure to a chemical.’” Seaman, 326 F. App’x at 727 (quoting Allen, 102 F.3d at 199).
discussed Cited as authority (rule) Kocak v. Nick & Sams Steak & Fish House LTD
N.D. Tex. · 2022 · confidence medium
Tex. Oct. 11, 2013) (citing Wilson v. Delta State Univ., 143 F. App’x 611 , 613–14 (5th Cir. 2005) (explaining that Title VII protects the plaintiff who has a mistaken belief as to whether unlawful conduct is in fact occurring, not the plaintiff who is incorrect as to whether certain conduct is unlawful)). 26 See generally Gardner, 915 F.3d at 322 ; 29 C.F.R. § 1604.11 (e). 27 Johnson v. Caroli, No. 21-20231, 2022 WL 1499280 , at *2 (5th Cir. May 12, 2022) (quoting Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir. 1997)). 8 and the documents either attached to or incorporated in the comp…
discussed Cited as authority (rule) Carpenter v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Macon v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Murray v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Johnson v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Street v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Johns v. BP Exploration & Production, Inc.
E.D. La. · 2022 · confidence medium
Because identification of the harmful level of exposure to a chemical is one of the “minimal facts necessary to sustain the plaintiff’s burden in a toxic tort case,” Allen, 102 F.3d at 199, and Cook has not provided any such identification, his report is unreliable and thus his opinions are inadmissible.
discussed Cited as authority (rule) Johnson v. Caroli
5th Cir. · 2022 · confidence medium
They also contend that Glazner’s minor children did not have the legal capacity to elect the remedy of accepting workers’ compensation benefits after their father’s death.2 The TWCA “provides the exclusive remedy for injuries sustained by an employee in the course of his employment as a result of his employer’s negligence.” Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir. 1997); see also TEX.
discussed Cited as authority (rule) Dorchy v. Fifth Third Bank
E.D. Mich. · 2022 · confidence medium
Cir. 2020) (reviewing an ALJ’s qualification of a workplace-violence expert; Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir. 1997) (recognizing the “hiring two workplace violence experts to conduct a risk assessment”); Jones v. L.F.
cited Cited as authority (rule) Newbury v. City of Windcrest, Texas
W.D. Tex. · 2020 · confidence medium
See Brown v. Kinney Shoe Corp., 237 F.3d at 566 ; Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997).
discussed Cited as authority (rule) Thawar v. 7-Eleven, Inc.
N.D. Tex. · 2016 · confidence medium
The TWCA “provides the exclusive remedy for injuries sustained by an employee in the course of his employment as a result of his employer’s negligence.” Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir.1997).
discussed Cited as authority (rule) Hernandez v. City of Corpus Christi
S.D. Tex. · 2011 · confidence medium
In fact, the daily risks of law enforcement coupled with the racial, gender, and age based discrimination by Smith against me made it impossible to continue working where, every day, my life was on the line and he held the weapon to destroy my career, which he eventually did.” (D.E. 30-2 at 8.) As the Fifth Circuit has explained, “[a] constructive discharge occurs when the employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign.” Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 771 (5th Cir.2001); Ward v. Bechtel Corp., 102 F.3d 199, …
cited Cited as authority (rule) Harris v. Auxilium Pharmaceuticals, Inc.
S.D. Tex. · 2009 · confidence medium
May 1, 2007) (citing Ward v. Bechtel Corp., 102 F.3d 199, 200 (5th Cir. 1997)).
discussed Cited as authority (rule) ORAMULU v. Washington Mutual Bank (2×)
S.D. Tex. · 2009 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir.1997); Wingfoot Enterprises v. Alvarado, 111 S.W.3d 134, 142 (Tex.2003).
discussed Cited as authority (rule) Matthews v. City of Houston Fire Department
S.D. Tex. · 2009 · confidence medium
“A prima facie case may be established by a showing that the plaintiff was a member of an identifiable [protected class]; that he was qualified for the benefit or promotion he sought; that he was denied these benefits and such denial constitutes an adverse employment decision; and that the adverse employment decision was differentially applied to plaintiff.” Rubinstein v. Administrators of Tulane Educational Fund, 218 F.3d 392, 399 (5th Cir.2000) (citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); Ward v. Bechtel Corp., 102 F.3d 199, …
discussed Cited as authority (rule) Tratree v. BP North American Pipelines, Inc.
5th Cir. · 2008 · confidence medium
Fund, 218 F.3d 392, 399 (5th Cir.2000) (citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997)).
cited Cited as authority (rule) Floyd v. Communications Workers of America
S.D. Miss. · 2006 · confidence medium
Ward v. Bechtel Corporation, 102 F.3d 199, 202 (5th Cir. 1997).
cited Cited as authority (rule) Harvill v. Westward Communications, L.L.C.
5th Cir. · 2005 · confidence medium
See id.; Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997).
discussed Cited as authority (rule) Vallecillo v. United States Department of Housing & Urban Development
5th Cir. · 2005 · confidence medium
A plaintiff who advances a hostile-environment constructive discharge claim “must show working conditions so intolerable that a reasonable person would have felt compelled to resign.” Pennsylvania State Police v. Suders, 542 U.S. 129 , 124 S.Ct. 2342, 2354 , 159 L.Ed.2d 204 (2004); see also, Faruki v. Parsons, 123 F.3d 315, 319 (5th Cir.1997); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Barrow v. New Orleans S.S.
cited Cited as authority (rule) Mowdy v. Employee Retirement System
5th Cir. · 2004 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997).
discussed Cited as authority (rule) Smith v. Aaron's Inc.
E.D. La. · 2004 · confidence medium
Ctr., 307 F.3d 318, 324 (5th Cir.2002); Urbano v. Continental Airlines, Inc., 138 F.3d 204, 206 (5th Cir.1998); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Smith v. Wal-Mart Stores (No. 471), 891 F.2d 1177, 1179 (5th Cir.1990); Hankins v. Temple Univ., 829 F.2d 437 , 440 (3d Cir.1987); Martinez v. El Paso County, 710 F.2d 1102, 1104 (5th Cir.1983); see also Evans v. City of Houston, 246 F.3d 344, 350 (5th Cir.2001) (fourth prong of prima facie case satisfied if job remained open and employer continued to accept applications); Barnes v. Yellow Freight Sys., Inc., 778 F.2d 1096, 110…
cited Cited as authority (rule) Hawkins v. Frank Gillman Pontiac
5th Cir. · 2004 · confidence medium
See id.; Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997). 16 .
discussed Cited as authority (rule) Salge v. Edna Independent School District
S.D. Tex. · 2003 · confidence medium
See id. (citing Texas Dept. of Cmty. Affairs v. Burdine, 450 U.S. 248, 252-53 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981)); Ward v. Bechtel, 102 F.3d 199, 202 (5th Cir.1997); Stewart v. Houston Lighting & Power Co., 998 F.Supp. 746, 751 (S.D.Tex.1998).
cited Cited as authority (rule) Guerin v. Pointe Coupee Parish Nursing Home
M.D. La. · 2003 · confidence medium
Ward, 102 F.3d at 199 (citations omitted). 27 .
discussed Cited as authority (rule) Proctor v. Wackenhut Corrections Corp.
N.D. Tex. · 2002 · confidence medium
To establish a claim for intentional infliction of emotional distress, Proctor would have to show that defendant engaged in conduct that was so outrageous in character and extreme in degree that it surpassed “ ‘all possible bounds of decency,’ such that it is ‘utterly intolerable in a civilized community.’ ” Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir.1997); Dean v. Ford Motor Credit Co., 885 F.2d 300, 306 (5th Cir.1989) (quoting Restatement (Second) of Torts, § 46, cmt. d); Sauls v. Union Oil Co., 750 F.Supp. 783 (E.D.Tex.1990).
discussed Cited as authority (rule) Jackson v. Univ TX M D Anderson
5th Cir. · 2002 · confidence medium
We apply the reasonable employee standard in this particular context: To establish a constructive discharge, Dr. Jackson must establish that “working conditions were so intolerable that a reasonable person would feel compelled to resign.” E.g., Brown, 237 F.3d at 566 ; Brown, 207 F.3d at 782 ; Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997).
discussed Cited as authority (rule) Matthews v. Methodist Healthcare
5th Cir. · 2002 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997). 4 Although Matthews has not specifically raised the issue, we also reject the notion that Methodist’s alleged violation of McArn could in and of itself rise to the level of extreme and outrageous conduct.
discussed Cited as authority (rule) Hamilton v. TX Dept of Trans
5th Cir. · 2002 · confidence medium
As evidence 1 Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-53 (1981). 2 See Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997). of pretext, Hamilton claims that TDOT failed to follow its own regulations by promoting Reilly without posting the position for competitive applications.
cited Cited as authority (rule) Hunt v. Rapides Healthcare System, LLC
5th Cir. · 2001 · confidence medium
See Faruki v. Parsons, 123 F.3d 315, 319 (5th Cir.1997); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Barrow v. New Orleans S.S.
discussed Cited as authority (rule) Wilson v. City of San Antonio
5th Cir. · 2001 · confidence medium
In its order granting the City’s motion for summary judgement, the district court, citing Dollis v. Rubin,13 10 Id. at 404 (citing Ward v. Bechtel Corp., 102 F.3d 199,202 (5th Cir. 1997). 11 Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254 (1981); Meinecke v. H & R Block, 66 F.3d 77, 83 (5th Cir. 1995). 12 Meinecke, 66 F.3d at 83 . 13 77 F.3d 777 (5th Cir. 1995). 8 correctly observed that Title VII addresses only adverse employment actions, and does not “address every decision made by employers that arguably might have some tangential effect upon ultimate decisions.”14 Al…
discussed Cited as authority (rule) Craven v. Department of Criminal Justice—Institutional Division
N.D. Tex. · 2001 · confidence medium
Urbano v. Continental Airlines, Inc., 138 F.3d 204, 206 (5th Cir.), cert. denied, 525 U.S. 1000 , 119 S.Ct. 509 , 142 L.Ed.2d 422 (1998); see also Rutherford v. Harris County, Tex., 197 F.3d 173, 184 (5th Cir. 1999); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997).
discussed Cited as authority (rule) Irvine v. El Paso Hlthcare Sys (2×)
5th Cir. · 2001 · confidence medium
However, “[t]he list of factors in Barrow is non-exclusive.” Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir. 1997); see also Barrow v. New Orleans Steamship Ass’n, 10 F.3d 292, 297 (5th Cir. 1994).
discussed Cited as authority (rule) Doherty v. Center for Assisted Reproduction, P.A.
N.D. Tex. · 2000 · confidence medium
See Burdine, 450 U.S. at 256 , 101 S.Ct. at 1095 ; Marcantel v. Louisiana Dep’t of Transp. & Dev., 37 F.3d 197, 200 (5th Cir.1994) Plaintiff seeks to satisfy the third element of the McDonnell Douglas test by alleging that she suffered an adverse employment action by being constructively discharged. “ ‘To show constructive discharge, an employee must offer evidence that the employer made the employee’s working conditions so intolerable that a reasonable employee would feel compelled to resign.’ ” Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997) (quoting Barrow v. New Orleans…
cited Cited as authority (rule) Pfeil v. Intecom Telecommunications
N.D. Tex. · 2000 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 204 (5th Cir.1997).
cited Cited as authority (rule) Boriski v. City of College Station
S.D. Tex. · 1999 · confidence medium
See Webb, 139 F.3d at 540 ; Faruki v. Parsons S.I.P., Inc., 123 F.3d 315, 319 (5th Cir.1997); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Barrow v. New Orleans S.S.
discussed Cited as authority (rule) Savage v. Union Pacific Railroad
E.D. Ark. · 1999 · confidence medium
“Scientific knowledge of the harmful level of exposure to a chemical plus knowledge that plaintiff was exposed to such quantities are minimal facts necessary to sustain the plaintiffs burden in a toxic tort case.” Allen, 102 F.3d at 199.
discussed Cited as authority (rule) Jeffery v. Dallas County Medical Examiner
N.D. Tex. · 1999 · confidence medium
The elements of Plaintiffs prima facie case are that he (1) is a member of a protected class; (2) was qualified for his position; (3) was subjected to an adverse employment action; and (4) was replaced by someone outside the protected class. 7 Id.; Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997).
discussed Cited as authority (rule) Deffenbaugh-Williams v. Wal-Mart Stores, Inc.
5th Cir. · 1998 · confidence medium
Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 992 (5th Cir.1996) (en banc).
discussed Cited as authority (rule) 77 Fair empl.prac.cas. (Bna) 1699, 74 Empl. Prac. Dec. P 45,510 Julie Deffenbaugh-Williams, Plaintiff-Appellee/cross-Appellant v. Wal-Mart Stores, Inc., Wal-Mart Stores, Inc., Defendant-Appellant/cross-Appellee
5th Cir. · 1998 · confidence medium
Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993); Ward v. Bechtel Corp., 102 F.3d 199, 202 (5th Cir.1997); Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 992 (5th Cir.1996) (en banc). 22 Under this procedure, if Deffenbaugh meets this burden, a presumption of discrimination arises, which Wal-Mart may overcome by proffering a legitimate, nondiscriminatory reason for the termination.
discussed Cited as authority (rule) Antoine-Tubbs v. Local 513, Air Transport Division, Transport Workers Union (2×)
N.D. Tex. · 1998 · confidence medium
Ward v. Bechtel Corp., 102 F.3d 199, 203 (5th Cir. 1997).
cited Cited as authority (rule) Caro v. City of Dallas
N.D. Tex. · 1998 · confidence medium
E.g., Ward v. Bechtel Corporation, 102 F.3d 199, 202 (5th Cir.1997).
Retrieving the full opinion text from the archive…
72 Fair empl.prac.cas. (Bna) 1373, 69 Empl. Prac. Dec. P 44,457 Diana Ward
v.
Bechtel Corporation
Carol L. Nelkin, Stuart M. Nelkin, Nelkin & Nelkin, Houston, TX, for plaintiff-appellant., V. Scott Kneese, Bracewell and Patterson, Houston, TX, Elizabeth Ann Hall, Houston, TX, for defendant-appellee.
Higginbotham, Wiener, Benavides.
Cited by 70 opinions  |  Published
1 passages pin-cited by 9 cases
Pinpoint authority: #9,104 of 633,719
Citer courts: Supreme Court of Pennsylvania (5) · Fifth Circuit (1) · E.D. Louisiana (1) · W.D. New York (1) · S.D. Texas (1)
BENAVIDES, Circuit Judge:

Diana Ward, an engineer and an African-American woman, sued her former employer, Bechtel Corporation, alleging workplace discrimination based on her sex, race, and national origin in violation of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq. She also asserted state law claims of intentional infliction of emotional distress, premises liability, and negligent hiring, supervision, and retention. Based upon our review of the briefs, the applicable law, and relevant portions of the record, we hold that the district court properly granted summary judgment in favor of Bechtel'on all counts.

Facts

In June 1991, Bechtel assigned Ward to a supervisory position on an engineering project. One of the engineers supervised by Ward was Mohan Manghnani. According to Ward’s evidence, Manghnani was a difficult employee from the outset, which one of Ward’s supervisors attributed to Manghna-ni’s reluctance to being supervised by an African-American woman. Ward claimed that Manghnani’s behavior became more openly hostile after she refused to recommend him for a promotion in January 1992. Manghnani’s hostility erupted in several discrete incidents between June 1992 and April. 1993 in which he allegedly threatened Ward and, on one occasion, elbowed her in the forearm. Even after Bechtel, at Ward’s request, reassigned Manghnani to a different engineering project and building, he allegedly persisted in stating that he would “kick [Ward’s], ass” and “get” her. Concerned for[*202] her safety and dissatisfied with Bechtel’s response to her concerns, Ward submitted her resignation on April 29,1993.

Standard of Review and Summary Judgment Standard

We review the district court’s grant of summary judgment de novo, applying the standard set out in Fed.R.Civ.P. 56(c). Rule 56(c) mandates the entry of summary judgment against a party who has failed to make an evidentiary showing sufficient to establish an essential element of her case. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Frazier v. Garrison Indep. Sch. Dist, 980 F.2d 1514, 1520 (5th Cir.1993). Summary judgment is not precluded in this ease merely because appellant seeks an opportunity to prove that Bechtel was motivated by discriminatory intent. See International Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1263 (5th Cir.1991), cert. denied, 502 U.S. 1059, 112 S.Ct. 936, 117 L.Ed.2d 107 (1992).

Title VII

Ward’s complaint alleged that Bechtel unlawfully discriminated against her on the basis of her sex, race, and national origin. She also argues that she was placed in a hostile work environment on the basis of her sex and race, and that Bechtel failed to respond adequately to her complaints about this harassment.

The Supreme Court outlined the elements of a Title VII discrimination claim in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). In the present context, McDonnell Douglas requires Ward to establish, as her prima facie case, that (1) she belongs to a protected group, i.e., African-American women; (2) that she was qualified for her position; (3) that she was dismissed or suffered an adverse employment action; and (4) that Bechtel sought to replace her with a similarly qualified white man. See id. at 802 n. 13, 93 S.Ct. at 1824 n. 13; see also LaPierre v. Benson Nissan, Inc., 86 F.3d 444, 448 (5th Cir.1996).

Ward seeks to satisfy the third element by claiming that she was constructively discharged from Bechtel. Constructive discharge can form the basis of a Title VII claim. Guthrie v. Tifco Indus., 941 F.2d 374, 377 (5th Cir.1991). “To show- constructive discharge, an employee must offer evidence that the employer made the employee’s working conditions so intolerable that a reasonable employee would feel compelled to resign.” Barrow v. New Orleans S.S. Ass’n, 10 F.3d 292, 297 (5th Cir.1994). Ward failed to adduce evidence that her decision to resign was reasonable based on any of the factors identified in Barrow. She did not, for example, demonstrate that Bechtel demoted her, cut her salary, or reassigned her to remedial or degrading work, any of which would tend to support a finding of constructive discharge. Barrow, 10 F.3d at 297. The list of factors in Barrow is non-exclusive, but Ward has faded to present other evidence sufficient to show that Bechtel placed her in an intolerable work environment. Compare Guthrie, 941 F.2d at 377 (assuming arguendo that constructive discharge was established where employer demoted plaintiff, cut his pay 40 percent, and assigned him to work for a less experienced colleague 17 years his junior). We agree with the district court that a reasonable person in Ward’s position would not have felt compelled to resign. [1]

The district court also found that appellant’s hostile work environment claim failed the test of summary judgment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). Even assuming arguendo that Ward was placed in such an environment, she cannot prevail unless she additionally shows that Bechtel faded to take “prompt and appropriate remedial action in response” to her adegations. See Carmon v. Lubrizol Corp., 17 F.3d 791 (5th Cir.1994). Here, the summary judgment evidence conclusively establishes that Bechtel investigated Ward’s allegations[*203] against Manghnani, that Manghnani was disciplined and threatened with termination if his abusive conduct persisted, that he was removed from appellant’s engineering project and the building in which she worked, and that he was instructed to have no contact with her. The company also offered appellant paid time off, medical leave, participation in an employee assistance program, and an escort to and from her car each workday. Finally, upon receiving Ward’s letter of resignation, Bechtel, in an effort to retain her services, postponed action on her resignation while hiring two workplace violence experts to conduct a risk assessment of Manghnani. Ward refused to cooperate in the experts’ study. On this record, we agree with the district court that appellant failed to raise a genuine issue as to whether Bechtel failed to respond adequately to her complaints. Compare Hirras v. National R.R. Passenger Corp., 95 F.3d 396, 400 (5th Cir.1996) (affirming summary judgment in employer’s favor on Title VII claim where employer “took [the employee’s] complaints seriously and conducted a prompt and thorough investigation”).

Intentional Infliction of Emotional Distress

The district court also granted summary judgment on Ward’s claim of intentional infliction of emotional distress, a tort recognized by the Texas Supreme Court in Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993) (adopting RESTATEMENT (SECOND) OF TORTS § 46 (1965)). The district court held that there was no genuine issue as to whether Bechtel’s conduct was “extreme and outrageous,” as required to establish liability. [2] We again agree with the district court. As we have explained:

Conduct is outrageous, for purposes of an intentional infliction of emotional distress claim, if it surpasses all bounds of decency, such that it is utterly intolerable in a civilized community.... Liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.

Weller v. Citation Oil & Gas Corp., 84 F.3d 191, 195 (5th Cir.1996) (citing Ugalde v. W.A. McKenzie Asphalt Co., 990 F.2d 239, 243 (5th Cir.1993) (internal quotation marks omitted)), petition for cert. filed, 65 USLW 3205 (Sept. 3,1996).

Without suggesting that appellant’s concerns regarding Manghnani were “petty,” we hold that she has failed to raise a genuine issue of material fact as to whether Bechtel’s conduct was extreme and outrageous. Appellant raises a related argument that Bechtel “ratified” Manghnani’s conduct, but this claim is unpersuasive in light of the company’s decisive actions to remove Manghnani from her work site and to prevent him from harassing her. Cf. Prunty v. Arkansas Freightways, Inc., 16 F.3d 649, 655 (5th Cir. 1994) (employee’s sexual harassment of plaintiff was ratified where supervisor “took no action to remedy the situation .. .”). [3]

Negligence Claims

Finally, the district court correctly held that appellant’s remaining state tort claims, sounding in negligence, were preempted by the Texas Workers’ Compensation Act. Tex.Lab.Code Ann. § 408.001 (Vernon 1996). The Act provides the exclusive remedy for injuries sustained by an employee in the course of his employment as a result of his employer’s negligence. Dickson v. Silva, 880 S.W.2d 785 (Tex.App.-Houston [1st Dist.] 1993, writ denied). See also Ajaz v. Continental Airlines, 156 F.R.D. 145, 148-49 (S.D.Tex.1994). [4] Appellant, however, contends that her negligence claims are not pre[*204] empted because her psychological injuries were not sustained in the course of her employment. She reasons that Manghnani’s conduct was personal in nature, and was motivated by his bias against women and African-Americans. However, there is no question that appellant based her premises liability and negligent hiring, supervision, and retention claims on Bechtel’s alleged negligence with respect to her workplace supervision of Manghnani. This is not a case involving an off-duty altercation between two employees of the same company. Compare Prescott v. CSPH, Inc., 878 S.W.2d 692 (Tex. App.-Amarillo 1994, writ denied) (employee stabbed by off-duty co-worker acting for personal reasons could not recover under T.W.C.A. but was limited to common law causes of action not barred by the Act). The essence of Ward’s case is that she was harmed, while trying to do her job, by another employee who resisted her authority, and that Bechtel failed to respond adequately. To the extent that her case is based on Bechtel’s alleged negligence, recovery is foreclosed by the Texas Workers’ Compensation Act.

Appellant failed to create a genuine issue of material fact as to any of her claims against Bechtel. Accordingly, the summary judgment of the district court is AFFIRMED.

1

. Appellant’s failure to raise a fact question as to whether she suffered an adverse employment action is dispositive of her Title VII discrimination claim. Accordingly, we need not address the district court’s alternative holding that appellant failed to adduce evidence that any adverse action she might have suffered was motivated by discriminatory animus on the part of Bechtel.

2

. To establish intentional infliction of emotional distress, the plaintiff must show that (1) the defendant acted intentionally or recklessly, (2) the defendant’s conduct was extreme and outrageous, (3) the defendant’s actions caused the plaintiff emotional distress, and (4) the emotional distress suffered by the plaintiff was severe. Twyman, 855 S.W.2d at 621.

3

. Because we find no extreme and outrageous conduct on Bechtel’s part, we need not address the district court’s conclusion that Ward’s emotional distress was not “severe.”

4

.Section 408.001 took effect Sept. 1, 1993. The previous version of the statute contained a similar exclusivity provision. See Tex.Rev.Civ.Stat. Ann. §§ 8306-83091 (Vernon 1967 & Supp. 1985), cited in Reed Tool Co. v. Copelin, 689 S.W.2d 404, 406 (Tex. 1985) (internal citations omitted).