“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
Employee Rights
Evidence of retaliation and hostile work environment in an ADA claim include failure to accommodate plaintiff for heavy lifting, placing plaintiff in a position requiring more physical exertion, and terminating plaintiff for inability to perform job tasks requiring more physical exertion.
By CRANSOM on
“Requesting reasonable accommodations is generally a protected activity against retaliation under the ADA; however, first a plaintiff must have a good faith belief that he or she was disabled or perceived as disabled.”
Williams v. Rocktenn, 2013 WL 5960671 at *14 (W.D. La. November 6, 2013) (Trimble, J.).
To defeat a motion to dismiss, an employee is not required to show that their supervisor employed or terminated the employee; rather, evidence that the supervisor otherwise retaliated against the employee is sufficient.
By Carmen Artaza on
Posted in Retaliation
“Section 301 of the Texas Occupations Code provided: ‘[A] person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who reports, without malice, under this section.’ Thus, wrongful termination is not a necessary element for Plaintiffs to assert a claim under section 301. Plaintiffs have alleged that in…
Blanket English-only policy that includes an employee’s personal time is evidence of hostile environment.
By Colin W. Walsh on
Posted in Hostile Work Environment
“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…
Whether a transfer is a reasonable remedial action in hostile environment claim is a fact issue for the jury.
By Colin W. Walsh on
Posted in Hostile Work Environment
“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…
Temporal proximity of complaints and an employee’s termination is sufficient evidence of motivation.
By CRANSOM on
Posted in Retaliation
“Close timing between an employee’s protected activity and an adverse action against her may provide a sufficient causal connection necessary for a showing of retaliation.”
A&L Industrial Services Inc. v. Oatis, 2013 WL 5970933 at *14 (Tex. App.—Houston [1st Dist.], no pet. November 7, 2013) (Huddle, Jennings, and Massengale, JJ.).
In determining whether an employee’s rebuttal precludes summary judgment, courts look to see whether an employer’s reason for discrimination or termination was pretextual.
By Nicole M. Conger on
Posted in Employment Discrimination, Retaliation
“Pretext may be shown ‘either through evidence of disparate treatment or by showing that the employer’s proffered explanation is false or unworthy of credence.”
Hoffman v. Baylor Health Care System, 2014 WL 772672 at *2 (N.D. Tex. February 27, 2014) (Lindsay, J.) (quoting Jackson v. Cal-Western Packaging Corp., 602 F.3d 374, 378 (5th…
Daily harassment, English only rule, name calling, and anxiety create fact issue as to whether term of employment was affected for hostile environment claim.
By Colin W. Walsh on
Posted in Hostile Work Environment
“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…
Allegations of poor performance that arise only after an EEOC charge is filed constitutes pretext.
By JMANCHESTER on
Posted in EEOC
“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…. [E]ach of Defendant’s assertions that Plaintiff was not performing adequately in her position were only asserted after she filed her Equal Employment Opportunity Commission claim.”
Zeno v. Livingston Management, Inc…
Formal reprimands that lead to termination or directly affect an employee’s compensation and or benefits may constitute an ultimate employment decision, and therefore adverse action.
By CRANSOM on
Posted in Retaliation
“Denial of ‘administrative complaints and internal grievances,’ as well as informal criticisms, or changing an employee’s work schedule or hours are ‘merely administrative decisions’ that do not constitute an ‘ultimate employment decision’ as contemplated by Title VII.”
Williams v. Shred-It, 2013 WL 596110 at *4 (E.D. La. November 7, 2013) (Roby, J.).