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Category Archives: EEOC

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A hostile work environment claim is within the scope of an EEOC charge that alleges supervisors repeatedly and continuously made comments regarding an employee’s age, even though the Complaint adds additional facts and supervisors not included the EEOC charge.

Posted in Discrimination, EEOC
“A claim is considered exhausted if is within the scope of the EEOC complaint and reasonably expected to grow out of a charge of discrimination. In examining a Title VII or ADEA action, the Court’s inquiry is not…limited to the exact charge [of discrimination]. The Fifth Circuit has recognized that a Title VII plaintiff is… Continue Reading

An employee can demonstrate pretext by producing evidence that the employer’s stated reason for termination was based, in part, on allegations contained within an employee’s complaint that forms the basis of the employee’s protected activity.

Posted in EEOC
“During his deposition, [decision-maker] testified that he made the decision not to renew [employee’s] contract because ‘it came down to issues of trust.’  When explaining what issues of trust he had with [employee], [decision-maker] referenced, among other things, [employee’s] report in which she claimed he bumped into her. . . [a]ccordingly, when asked to explain… Continue Reading

In making a prima facie case, a time lapse under four (4) months is sufficient to satisfy the causal connection requirement needed to survive Defendant’s motion for summary judgment.

Posted in EEOC
“The evidence shows that the [P]laintiff submitted a DOTD grievance form on May 24, 2011 regarding alleged improper conduct by [Supervisor] and then provided testimony to the EEOC on July 7, 2011 in connection with complaints filed by two subordinate employees…. Additionally, the evidence indicates that DOTD transferred the [P]laintiff to the Baton Rouge office… Continue Reading

Allegations of poor performance that arise only after an EEOC charge is filed constitutes pretext.

Posted in EEOC
“The Court finds that nearly all of Defendant’s arguments that Plaintiff was fired for performance related issues are not clearly supported by an employment records….  [E]ach of Defendant’s assertions that Plaintiff was not performing adequately in her position were only asserted after she filed her Equal Employment Opportunity Commission claim.” Zeno v. Livingston Management, Inc.,… Continue Reading

The ability to work through severe pain does not preclude finding that a person is substantially limited in a major life activity.

Posted in Disability discrimination, Discrimination, EEOC
“[Plaintiff] testified that she ‘learned to tolerate the pain’ to be able to continue working even on days when the pain was severe.” Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984, 994 (W.D. Tex. 2012). “[T]he EEOC advises comparing the ‘condition under which the individual performs the major life activity’ as compared with… Continue Reading