“[T]he plaintiff has presented evidence of a pattern of race-based harassment, it is appropriate for the Court to consider incidents of non-race-based harassment. Compare EEOC v. WC&M Enters., Inc., 496 F.3d 393, 400 (5th Cir. Aug. 10, 2007) (determining that a fact finder could reasonably conclude that a co-worker’s frequent banging on the glass
Employment Discrimination
Statement from decisonmaker’s direct supervisor that person should not be hired because of the person’s age and illness of that person’s spouse is direct evidence of age and disability discrimination.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“[T]he remarks appear to meet the other requirements of direct evidence.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 444 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Pregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy.
By Gregory A. Placzek on
Posted in Pregnancy discrimination
“Chapter 21 prohibits employers from discriminating against employees “on the basis of pregnancy, childbirth, or a related medical condition.” Tex. Lab.Code Ann. § 21.106(a). Women who were pregnant at, or very near the time of, an adverse employment action are members of the protected class, as are women who were on maternity leave, or who…
Employee’s admission that it would not have been unreasonable to fire him for performance, does not establish that employer would have taken adverse action absence protected activity.
By Colin W. Walsh on
Posted in Employment Discrimination
“The issue is not whether Haverda could have been demoted for the condition of the jail, but whether he would have been demoted if he had not engaged in protected activity.”
Haverda v. Hays Co., 723 S.W.3d 586, 597 (5th Cir. July 17, 2013) (Martinez, J.).
Pretext is established when the selection vote is divided on racial lines.
By Gregory A. Placzek on
Posted in Race Discrimination
“Plaintiff argues that the changes to the vacancy notice regarding college graduation indicate the City’s true intent, which he claims was to hire a black police chief. Plaintiff contends that the vacancy initially required applicants to graduate from a four-year university or college but was later changed so that African–Americans would qualify. …. Plaintiff further…
Facts showing that discriminating manager was the decisionmaker’s direct supervisor, who was responsible for discipline of decision maker, performance reviews that determined the decisionmaker’s raise, and had power to change decisionmaker’s job duties allows that manager’s discriminatory animus to be imputed to the decisionmaker.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“There is no dispute that Lewis was Wood’s direct supervisor and was responsible for Wood’s performance evaluations and implementation of disciplinary actions…. Woods pay and any raises were merit-based and dependent on performance reviews done by Lewis. There is additional evidence … that Lewis had refused to communicate with Wood and had removed some of…
When establishing that a Plaintiff is “regarded as” disabled, a heart condition resulting in by-pass surgery is not “minor.”
By Gregory A. Placzek on
Posted in Disability discrimination
“Thomas need only show that Hill terminated him because of his actual or a perceived physical impairment, regardless of whether the impairment limits a major life activity. Hill’s arguments to the contrary are simply wrong. Thomas cannot meet his burden, however, if the impairment is “transitory and minor.” Given the facts in this case, the…
Being told your job will not be renewed would compel a reasonable employee to resign.
By Robert J. Wiley on
Posted in Race Discrimination
Under the “ultimatum” theory of constructive discharge, a plaintiff “must still show that ‘a reasonable employee would feel compelled to resign.’ Faruki, 123 F.3d at 319.” Lawson v. Hinds County School Dist., 2014 WL 373199 *4 (S.D. Miss. Feb. 3, 2014) (Jordan, J.). The court rejected the employer’s argument “that [supervisor] lacked authority…
The stray remarks doctrine can only be applied after the court determines that the plaintiff has failed to produce substantial evidence of pretext.
By Colin W. Walsh on
Posted in Age discrimination, Disability discrimination
“Here, the district court applied the stray remarks doctrine before determining whether the plaintiff had failed to produce substantial evidence of pretext and then refused to consider those remarks in determining pretext.”
E.E.O.C. v. DynMcDermott Petroleum Ops. Co., 537 Fed. Appx. 437, 443 (5th Cir. July 26, 2013) (Davis, Graves, and Higginson, JJ.).
Pretext is established when costs are cited as a reason for termination, but employer hires other employer to do employees job duties.
By Gregory A. Placzek on
Posted in Disability discrimination
“In the letter itself, Hill raised Thomas’ medical condition, the need for Thomas to seek a less stressful job, and Hill’s desire to reduce costs. Yet, before and after Thomas’ termination, Hill hired a total of three employees to perform Thomas’ job duties. Under these circumstances, Thomas has presented a genuine issue of material fact…