“[Plaintiff] testified that [Supervisor] repeatedly used racial epithets to refer to him, such as ‘güero,’ ‘mayate,’ and ‘ni – –er,’ even after [Plaintiff] requested not to be called those names. Once, [Supervisor] told [Plaintiff]: ‘Get the f – – k away from me, I don’t want no mayate around while I’m eating.’ In addition, …[Plaintiff]
Employment Discrimination
Resigning after being told your contract will not be renewed is constructive discharge.
By Robert J. Wiley on
Posted in Race Discrimination
The Plaintiff “was informed that . . . his contract would not be renewed.” Lawson v. Hinds County School Dist., 2014 WL 373199 *1 (S.D. Miss. Feb. 3, 2014) (Jordan, J.). The court notes that “an employee can prove constructive discharge with evidence that she was given an ultimatum requiring her to choose between…
Fact issue exists over whether Defendant’s decision to end assignment of Plaintiff employed by third party based on unlawful motive satisfies employment relationship requirement of Texas employment discrimination laws.
By Nicole M. Conger on
Posted in Sexual Harassment
“[W]e agree with Ochoa that the evidence establishes a fact issue as to and that these opportunities were denied or interfered with based on unlawful criteria… After Ochoa reported sexual harassment to Johnson, he discussed Ochoa’s sexual harassment allegations with … Guerra … Guerra then directed Johnson to end Ochoa’s assignment at UTEP on the…
A Plaintiff’s own testimony is sufficient to prove actual disability.
By Gregory A. Placzek on
Posted in Disability discrimination
“Admittedly, Thomas has offered his own testimony about his restrictions, but Hill argues that Thomas cannot show, with any medical evidence, that he actually has these restrictions. The Court rejects Hill’s arguments.”
Thomas v. Hill, 2014 WL 3955656, at *7 (W.D. La. Aug. 13, 2014) (James, J.).
Race related comments made by the alleged decisionmaker, on the day of termination, and apparently related to the employment decision at issue is arguably direct evidence of discrimination.
By Adam S. Greenfield on
Posted in Race Discrimination
“Here, the alleged termination decision maker repeated (three times) the derogatory racial remark ‘[Plaintiff] didn’t fit into the culture of [Defendant].’ The last time the remark was made was on the day of Plaintiff’s termination.”
Miller v. Kimes & Stone Const. Co., Inc., 2014 WL 4803094, at *2 (N.D.Miss. Sep. 24, 2014) (Brown, J.).
Terminating Plaintiff’s contract after twenty-four years of employment in the absence of prior work related complaints is evidence of pretext.
By Kalandra N. Wheeler on
Posted in Employment Discrimination
“[T]he absence of any earlier criticism of [Plaintiff’s] work as Board attorney and the manner in which the Board selected [Plaintiff’s] replacement would suggest to a reasonable juror that the Board’s claimed reason for terminating [Plaintiff] was pretext.”
Dulin v. Board of Comm’rs of Greenwood Leflore Hosp., 2014 WL 2595937, at *5 (5th Cir.…
A subordinate employees discriminatory suggestion can be attributed to the decisionmaker if they have influence or leverage.
By Gregory A. Placzek on
Posted in Employment Discrimination
“When superintendent Pope informed the school board that an individual needs to be hired because a local organization “expressed concern about a lack of black workers the court held that “discriminatory animus of a manager can be imputed to the ultimate decisionmaker if the decisionmaker acted as a rubber stamp, or the cat’s paw, for…
An employee can demonstrate pretext where other individuals that assisted with her complaint also experience an adverse employment action.
By Carmen Artaza on
Posted in Gender discrimination
“[I]n her response to [employer’s] motion for summary judgment, [employee] also pointed out that [employer] did not renew the contract of other female employees who had supported [employee’s] complaint during the investigation. . . [a]s such, the district court’s analysis overlooks [employee’s] reliance on the termination of two other female employees who supported [her] complaint…
Summary judgment should be denied when Defendant’s version of events is substantially different from the Plaintiff’s.
By Adam S. Greenfield on
Posted in Race Discrimination
“The Court held the following to be issues of material fact based on Plaintiff’s and 3rd party affidavits: (1) discrepancy regarding who made the decision to terminate; (2) Plaintiff offering evidence that employees were undermining him while Defendant offers a company policy prohibiting discrimination; (3) Plaintiff’s claims of ‘phenomenal’ performance v. Defendant’s Affidavit’s claiming insubordination,…
decisionmaker asserting influence over other members of the deciding board with regards to terminating the employment contract of a Caucasian male only in order to replace him with an African-American female is evidence of pretext.
By Kalandra N. Wheeler on
Posted in Gender discrimination, Race Discrimination
“[Plaintiff] presented sufficient testimony about the positions and relationships between members of the Board…. Those relationships and positions were evidence that suggested the influence [members] with racial animus could exert on the Board such that the Board would be the “cat’s paw” of the actor with discriminatory intent.”
Dulin v. Board of Comm’rs of Greenwood …