“[Plaintiff] claims that the Disciplinary Warning was issued in retaliation for his reporting of Cooper’s racially hostile statements. [Defendant] asserts that the warning issued because Willis demonstrated a ‘lack of good judgment’ and a ‘lack of respect for others’ when he sent the mass email disclosing that his co-worker son overdosed on pills. But [Plaintiff]
Employment Discrimination
Reassignment from a DEA task force to the jail even without a decrease in pay is a sufficient adverse action to defeat motion to dismiss.
By Carmen Artaza on
Posted in Employment Discrimination
“This Court has previously held that transfers to jail duty, even without a decrease in pay, can be adverse employment decisions because jobs in the jail are not as interesting or prestigious as jobs in the law enforcement section. We made that finding only after reviewing the evidence presented at trial, and thus we can…
Success is the most critical “Johnson” factor for a prevailing plaintiff when a Judge adjusts the lodestar amount, but success is not measured solely on the recovery of monetary damages.
By Adam S. Greenfield on
Posted in Sexual Harassment
“[A] lawsuit spawning some remedial measures to prevent a [civil rights violation “recurrence” is considered success when adjusting the lodestar. Here, the employer “distributing an employment manual to its employees containing its sexual harassment policy and … the company now [having] discussions with management to prevent sexual harassment” is considered success. Damages recovered in this…
Plaintiff may establish the employer’s concealed motives by showing the supervisor’s ability to take tangible employment action against Plaintiff.
By Kalandra N. Wheeler on
Posted in Employment Discrimination
“Although [Plaintiff] … is unaware of who actually made the decision to hire or fire her…, it undoubtedly was [Coworker]’s recommendation that [Plaintiff] be reprimanded for insubordination that initiated the termination process. Moreover,…testimony indicates that [Coworker] was involved in [Plaintiff’s] hiring to some degree, and…testimony tends to indicate that [Coworker] may have input regarding the…
The statement that a black employee was selected for job elimination because it is easier for a black employee to find a job is direct evidence of discrimination.
By Robert J. Wiley on
Posted in Race Discrimination
“In Krystek v. University of Southern Mississippi, the Fifth Circuit explained that workplace comments provide sufficient evidence of discrimination if they are ‘1) related [to the protected class of persons of which the plaintiff is a member]; 2) proximate in time to the terminations; 3) made by an individual with authority over the employment…
Where employer relies on cases based on Rule 12(b)(6) and not the summary judgment standard, the precedent will not be considered.
By CRANSOM on
Posted in Employment Discrimination
“The Court notes that every case relied upon for Defendant’s substantive arguments was decided under the summary judgment standard, not under Rule 12(b)(6).”
Mosley v. Tutle & Tutle Trucking, Inc., CA No. 6:13-CD-468, 2013 WL 6824385 at *2 (E.D. Tex., Dec. 26, 2013) (Davis, J.).
Employer’s reliance in plaintiff’s termination on an offense that does not normally result in termination is evidence of pretext.
By JCOHEN on
Posted in Employment Discrimination
“Leissner stated that McMann’s prior offenses and failure to secure the trash trailer would not justify his termination…. He also points to the deposition of Katya Watson, the regional property manager, who stated that McMann’s failure to secure the cart and prior offenses were not grounds for termination…. Accordingly, McMann has raised a genuine issue…
Company’s lack of disciplinary procedures and failure to inform an employee of subpar performance prior to termination for performance constitutes evidence of pretext.
By JMANCHESTER on
Posted in Employment Discrimination
“[Defendant] does not appear to have formal written procedures in place for handling disciplinary matters, and there is no indication that [Plaintiff] was in fact informed that her work was subpar prior to the termination of her employment…. The Court finds that there are contested issues of material fact regarding the reason for [Plaintiff]’s termination…
A supervisor’s comment to an employee not to die is evidence that the employee was regarded as disabled.
By JCOHEN on
Posted in Disability discrimination
“Leissner’s alleged warning to McMann not to die in someone’s apartment, may enable a reasonable jury to find that Leissner regarded McMann as having an impairment, namely heart disease, which substantially limits him in the major life activity of working.”
McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *5 (W.D.…
Prior congenial contact with alleged harasser is permissible if at some point the conduct becomes uninvited.
By JMANCHESTER on
Posted in Sexual Harassment
“Contravening the heavy weight of this inference is the fact that the text messages at some point changed, indicating [Plaintiff]’s strong desire that [harasser] stop contacting her. This suggests that [harasser]’s overtures were later uninvited.”
Bourgeois v. Matrana’s Produce, 2013 WL 4525652 at *6 (E.D. La. August 30, 2013) (Roby, J.).