Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages
“Although the City’s complaints about the alleged shortcomings in [Plaintiff]’s analysis may go to the probative value of his testimony, based on the record as a whole we conclude that there is sufficient statistical evidence from which a jury could reasonably conclude that the Consolidation Agreement caused the disparate impact alleged.”
City of Austin v.
“A fact issue exists as to whether conduct is severe or pervasive where an employee provides evidence that the harasser ‘sought her out, gave her hugs, invited her to drinks, took a photo of her and showed it to his subordinate, used her cell phone and added him to her Facebook ‘friends,’ and showed her…
“[Defendant] asserts that Plaintiff ‘was unable and/or refused to recognize and acknowledge any wrong doing.’ Plaintiff has presented substantial evidence that Defendants’ allegations against her are false and that she committed no ‘wrong doing.’ Consequently, a refusal to acknowledge misconduct would be neither surprising nor a basis for termination.”
Bautista v. Quest Diagnostics Clinical Laboratories…
“Plaintiff has presented evidence that her supervisors, [names], suggested the discipline of having Wade recite the SOPs. Plaintiff expressed her disagreement with the proposed disciplinary procedure but ultimately followed her supervisors’ instructions.”
Bautista v. Quest Diagnostics Clinical Laboratories, Inc., 2013 WL 4647677 at *5 (S.D. Tex. August 30, 2013) (Atlas, J.).
“In the instant case, the differences among employees in the putative class—job classifications, descriptions, and duties—are not materially relevant to plaintiffs’ allegations.”
Behnken v. Luminant Min. Co., LLC, 2014 WL 585333 at *7 (N.D. Tex. February 14, 2014) (Fitzwater, J.).
“Plaintiff provided notice to the TWC that Dr. Decherd was sexually harassing her and that she complained to her supervisor of the alleged conduct. Plaintiff was not required to specifically detail each and every instance of sexually harassing conduct allegedly engaged in by Dr. Decherd.”
Sanders v. Christus Santa Rosa PASC, 13-CV-250, 2014 WL…
“Plaintiff has presented evidence that when she attempted to explain her position to supervisors, they told her ‘they didn’t want to hear it.’ Plaintiff has presented evidence that, when she attempted to explain her positions, Hoffman called her ‘annoying.’ The investigation summary includes only Ms. Wade’s allegations and none of Plaintiff’s explanations. These alleged short…
“Drawing reasonable inferences in Plaintiff’s favor, however, Ross’s alleged action, coming on heels of Plaintiff’s complaints of discrimination, and culminating in her termination, is sufficient to raise an issue of material fact as to Plaintiff’s retaliation claim. Said a different way, Plaintiff has offered sufficient evidence that but-for her report to Ross of the allegedly…
“Moreover, Plaintiffs offer evidence that may call into question whether Tower’s investigation was made in good faith. In Walsh’s first interview with Tower, he admitted that Koopman made statements that he interpreted as racially offensive…. The Tower interviewers doubted Walsh’s credibility and chose to interview him a second time.”
Smith v. Tower Automotive Operations USA…
“Compelling is the fact that Defendant’s basis for the insubordination charge stems from Plaintiff’s refusal, for arguably legitimate reasons, to sign a form Defendant has not required be signed in the past, and which Defendant had not previously taken any adverse personnel action on account of her failure to sign. That, taken in conjunction with…
