“In conducting this analysis, the court confines itself to the complaint and does not consider the defendants’ affidavit attached to the motion. In her complaint, Henderson asserts she was employed as a customer service representative by all three defendants…. She alleges that defendant entities employed more than fifteen employees…. Taking these assertions s true and
Employee Rights
Threatening a witness to alter their version of the facts by implying their job is at risk is evidence of pretext in fabricating a reason to terminate the employee.
By JCOHEN on
Posted in Retaliation
“Plaintiffs noted that during his second interview, Rick Mills asked Walsh such questions as, ‘How much do you value your job? Do you value your job over your friendship with Jody?… These actions by Tower can be reasonably perceived as pressuring Walsh into altering the truth to secure its desire to find no supporting evidence…
An employee does not have to identify the specific instances of sexual harassment or retaliation in the charge of discrimination to exhaust administrative remedies.
By Carmen Artaza on
“Plaintiff provided notice to the TWC that Dr. Decherd was sexually harassing her and that she complained to her supervisor of the alleged conduct. Plaintiff was not required to specifically detail each and every instance of sexually harassing conduct allegedly engaged in by Dr. Decherd.”
Sanders v. Christus Santa Rosa PASC, 13-CV-250, 2014 WL…
When the harassment is at the hands of two supervisors at different times, a plaintiff needs to prove that the employer knew or should have known of the harassment and did not take prompt remedial action, and the plaintiff is still able to use the continuing violation doctrine.
By Gregory A. Placzek on
Posted in Hostile Work Environment
“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…
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…