“As Dr. Vives alleges putatively harassing acts after February 3, 2009, she may sweep back in all of the harassment that she alleges has occurred during her time at Children’s.  It is possible that a jury could conclude the sustained pattern of conduct she alleges constitutes severe and pervasive harassment.  It is also possible a…

“As discussed previously, the evidence suggests that although the memorandum articulated safety as a justification for limiting Spanish use, Anderson nevertheless prohibited the use of Spanish in the kitchen at all times.  Thus, there also exists a genuine issue of material fact as to whether Anderson effectively instituted a ‘blanket policy’ prohibiting the use of…

“However, whether Plaintiff unreasonably failed to take advantage of such remedial measures by declining to take the transfer due to the distance is disputed, and properly left to determination by the trier of fact. Thus, summary judgment is not appropriate on this point.”

Garcia v. Garland Ind. Sch. Dist., No 3:11-cv-502-N-BK, 2013 WL 5299264 at…

“Plaintiff averred that the ridicule and name calling occurred on a daily basis.  She stated Anderson, specifically, ridiculed her daily, calling her a ‘crybaby’ after she became upset about being ridiculed, assigned her more tasks than the other non-Hispanic employees, and made fun of her Spanish accent.  These actions, coupled with Anderson’s alleged prohibition of…