“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
Employment Discrimination
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…
An employee can demonstrate pretext where an employee’s direct supervisor’s testimony conflicts with the performance deficiencies alleged by the decision-maker or where the employee’s direct supervisor testifies that they would not have disciplined the employee for the misconduct alleged.
By Carmen Artaza on
Posted in Employment Discrimination
“[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…
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.).