These statements are clearly sexual in nature and are significantly less ambiguous than the “jealousy” remark that the court relied on in La Day. When the evidence is viewed in the light most favorable to Salinas, a reasonable jury could conclude that Castillo’s sexually charged comments and inappropriate touching of Salinas indicate legitimate sexual desire.

 

Salinas testified that he was aware Castillo had a wife and multiple children and that Castillo had spoken about his extramarital affairs with women.  Salinas also noted that Castillo would make remarks when an attractive female customer would come in the store and…had once made a crude sexual comment about a female co-worker.  In light of this evidence, a jury may conclude that Castillo intended to harass Salinas but did not act out of genuine sexual desire for him.  It is the jury’s role, however, to weigh the evidence and to make that determination….

 

Salinas v. Kroger Texas, L.P., Civil Action No. H-14-3153, 2016 WL 561178 (S.D. Tex. Feb. 12, 2016)

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Photo of Kalandra N. Wheeler Kalandra N. Wheeler

We asked Kalandra N. Wheeler, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler

We asked Kalandra N. Wheeler, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler brings.

1.Why did you start practicing labor and employment law?

I wanted to be able to help people that otherwise might not find help. Labor and employment laws affect most of society.  And – whether our results help one or many – our work and efforts as employment lawyers touch people in a real way in their every day lives.

2. Who is your favorite Supreme Court Justice?

Thurgood Marshall.

3. What do you think is the most important part of a good case?

The client. Good facts and evidence are definitely important. But good clients are a lawyers’ most valuable asset.  A good client: (1) is invested in their case; (2) works or worked hard for their employer; (3) can tell their story clearly and concisely; and (4) is someone that a jury will find sympathetic and relatable.

4. If you could write a new law, what would it do?

The Texas Workplace Anti-Bullying law.  I hear the stories, the ones told by employees looking for help. And in far too many of those stories the law offers no solution.  Every employee that goes to work and works hard to do the job they are hired to perform should be able to do so without abuse, harassment, and bullying. There is no justification for bullying, not in our schools, and not in our workplaces.

5. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

For a year before law school, I worked as a lube tech for Jiffy Lube.  I spent hot summer days, working on hot cars, changing oil or flushing transmissions or radiators.  I never had a customer come back with a complaint.

6. How do you market yourself differently than others?

I tell clients what they need to hear, not necessarily what they want to hear. Before a client begins down any path toward resolving an employment dispute, they need thoughtful, honest advice. I am a believer in justice and everyday people deserve competent representation in an arena that is difficult for non-lawyers to navigate.

7. What do you do when you’re not practicing law?

I spend time with family and friends.  I read true crime books.  I sew and draw.

8. How would you describe the color yellow to someone who could not see?

It’s not the intense heat of the sun during the month of August, but instead the softness of the sun on your skin just as the seasons change from Summer to Fall.  It’s warm. And soft to the touch.  It’s fresh squeezed lemonade with a hint of sugar.  Slightly cool, inviting, and happy.

9. What’s your favorite legal TV show?

Law & Order: SVU

10. If you could argue any case in history, what would it be?

The Karen Silkwood case. But really, I think that would be more about arguing and trying a case alongside Gerry Spence for the learning experience.

Kalandra N. Wheeler is a Trial Attorney in the Dallas office of Rob Wiley, P.C.  She graduated from The University of Houston with a bachelor’s degree in political science.  Ms. Wheeler went on and received her law degree from The University of Arkansas.