Employment Discrimination

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“Plaintiffs presented evidence showing that at least three … out of the six employees present in the break room heard Koopman say something that could have been perceived as racially offensive…  Viewing this evidence in the light most favorable to Plaintiffs, the Court finds that Plaintiffs have presented sufficient evidence to create a fact issue….”…

“Plaintiff also testified that Anderson often joined in the co-workers’ jokes about Plaintiff’s mispronunciation of English words, and daily called Plaintiff ‘crybaby.’  While Defendant is correct that such name-calling does not, in and of itself, constitute discrimination under Title VII, the fact that the names were allegedly uttered because of Plaintiff’s reaction to other harassment…

“Nonetheless, the summary judgment evidence also demonstrates that Defendant’s reasons for Plaintiff’s ‘separation’ from Tyson were inconsistent and create a fact issue as to their pretextual nature.  For example, although Defendant relies on the union campaign as a reason for termination, Huske’s immediate supervisor received a write up and reduction in his bonus as a…

“Reviewing the evidence in the light most favorable to Plaintiff’s claims, there is evidence that throughout her tenure at LHS, the same group of co-workers and supervisor perpetrated the alleged discriminatory acts (i.e., name-calling, teasing, increasing work load, and prohibiting the use of Spanish). Thus, there is sufficient nexus between the national origin discrimination claims…

“The Texas Labor Code’s ‘Election of Remedies’ provision states: ‘A person who has initiated an action in a court of competent jurisdiction . . . based on an act that would be an unlawful employment practice under this chapter may not file a complaint under this subchapter for the same grievance.’  The section ‘limits the…

“Plaintiff’s immediate supervisor also acknowledged that Plaintiff had never received a written reprimand due to work related issues.  Indeed, Barajas’s deposition was taken, but he could not identify specific incidents where Huske was unprofessional.  About the only seed he could throw was that Huske was rude, but he could not identify any instance where she…

“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….  Livingston management often uses write-ups and notices to establish a record.  According to the record from the time that Plaintiff was hired until she was terminated, it is not clear…

“Without more conclusive documentary or other evidence, it is essentially Mr. Baldwin’s word against Mr. Obasogie’s, and the summary judgment mechanism cannot resolve such a basic credibility dispute.”

Obasogie v. Harris County Hospital District, CA No. 4:12-cv-3172, 2013 WL 69162446 at *7 (S.D. Tex. December 31, 2013) (Ellison, J.).

 

“The company document notes that Huske’s termination was involuntary and attributed to a permanent layoff.  There is absolutely no other reason given for her termination on the form.  In box 21, Tyson could have stated that she just couldn’t operate in the gray area, she didn’t smile enough, she was just too blunt, or she…

“Plaintiff has presented evidence that raises a genuine issue of material fact in support of her claim….  She has presented evidence that Davide Penninger, an IT Department Manager, believed Plaintiff could be best utilized as a member of the SAP team and, therefore, returned her to the team.  Penninger was precluded from doing so and…