“[Direct Supervisor’s] testimony rebutted [employer’s] reason that [employee] improperly documented her hours on the time sheets. [Direct Supervisor’s] testimony also rebutted [employer’s] reason that [employee] taking patient files home constituted a privacy violation.” … “As for [employer’s] allegation that [employee] failed to attend a particular conference and notify her supervisors, [direct-supervisor] testified [that employee] did
Employment Discrimination
Countless instances of being called racial epithets by both supervisors and coworkers is sufficient evidence that the harassing conduct affected a term, condition, or privilege of employment and that Defendant’s conduct was sufficiently severe and pervasive to constituted a hostile work environment.
By Kalandra N. Wheeler on
Posted in Race Discrimination
“In addition to [Plaintiff’s] supervisor’s name-calling and harassment, [Plaintiff’s] coworkers testified that they too frequently called him ‘güero.’ This racial harassment occurred for over a year, despite [Plaintiff’s] complaint to management.”
Rhines v. Salinas Const. Technologies, Ltd., 2014 WL 2872716, at *3 (5th Cir. June 25, 2014) (unpublished) (Davis, Barksdale, and Elrod, JJ.).
For the purposes of Title VII retaliation claims, employer removing employee of supervisory responsibilities may be viewed as an adverse employment action.
By Nicole M. Conger on
Posted in Employment Discrimination
“It is undisputed that, prior to [Plaintiff]’s reassignment, he held the position of Branch Chief…, and that, in this position, he supervised a staff of approximately fifteen, consisting of attorneys, paralegals, and a secretary. It is also undisputed that, after [Plaintiff]’s February 2006 reassignment to the position of staff attorney for the Superfund legal branch,…
Pretext is established when the reason for termination is that Plaintiff never indicated if or when he would return if Plaintiff indicates he intended to return to work although at no certain date.
By Gregory A. Placzek on
Posted in Disability discrimination
“Hill also offered at least some legitimate reasons for Thomas’ termination: that Thomas had not indicated if or when he would return and that he had in mind Thomas’ derogatory behavior towards him. However, those reasons are offset by the contradictory evidence. Thomas had indicated in his emails to Hill and others that he intended…
An employee can demonstrate pretext where an employer terminates a non-party employee that participated in the investigation and the testimony as to reasons given for the employee’s termination differ between the non-party employee and decisionmaker.
By Carmen Artaza on
Posted in Employment Discrimination
“[T]he evidence shows a conflict regarding [decision-maker’s] stated reasons for not renewing [non-party witness’s] contract. (‘A court may infer pretext where a defendant has provided inconsistent or conflicting explanations for its conduct.’).” “According to [non-party witness’s] testimony, when [decision-maker] notified her that that her contract was not being renewed, he said “due to the…
A Plaintiff’s subjective beliefs about why they are terminated are not relevant in determining whether they make a valid Title VII claim; the court is guided by McDonnell Douglas.
By Adam S. Greenfield on
Posted in Race Discrimination
“During deposition, Plaintiff answered ‘no’ when asked if he was terminated because of his race but later stated that he believed race was a motivating factor in his termination.”
Brooks, et al. v. Firestone Polymers, LLC, 2014 WL 4792653, at *27 (E.D. Tex. Sep. 24, 2014) (Crone, J.).
An employee complaining of racial epithets and informing supervisors that they made him uncomfortable and requesting that these terms not be used to refer to him is evidence that (1) the employee was subject to unwelcome harassment and (2) that the harassment was based on a protected characteristic.
By Kalandra N. Wheeler on
Posted in Race Discrimination
“[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]…
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.).