“The content—support for Kaelin’s opponent—and form—participation in a PAC—of the speech at issue clearly support the notion that it involved matters of public concern, as we have previously held that there can be no question that . . . associating with political organizations and campaigning for a political candidate related to a matter of public
Retaliation
Testimony of an employer’s statements evincing retaliatory animus are regarded as direct evidence, and no further inference to determine retaliatory intent is required.
By Eric P. Dama on
Posted in Retaliation
“The Court finds that [Supervisor]’s unambiguous statement that Plaintiff ‘didn’t do anything wrong, but [he] filed that Complaint,’ recalled by both Plaintiff and a co-worker, amounts to direct evidence of retaliation sufficient to defeat summary judgment. Had [Supervisor] said something more along the lines of, ‘I did not vote to promote you because you filed…
Evidence demonstrating the falsity of the defendant’s explanation, taken together with the prima facie case, is likely to support an inference of discrimination even without further evidence of the defendant’s motive.
By Eric P. Dama on
Posted in Retaliation
“When asked why Plaintiff’s position was eliminated, as opposed to one of the workers in the maintenance department, Childress testified that the District was ‘making decisions based on cost savings.’ Plaintiff points out that none of the other employees laid off as a result of the reduction in force were terminated after the 2010 through…
Terminating an employee within twenty-four hours of filing an initial Charge of Discrimination with the EEOC is evidence of retaliation by an employer.
By Nicole M. Conger on
Posted in Retaliation
“In her complaint, Plaintiff alleges that she engaged in a protected activity when she filed a charge with the EEOC, that she was terminated immediately, and that her filing of the charge caused her termination. Given the proximity of the termination to the charge, it is reasonable to infer at this stage of the litigation…
Statements indicating spitefulness for reporting discrimination is evidence of pretext because it shows motive.
By Gregory A. Placzek on
Posted in Race Discrimination, Retaliation
“[Plaintiff] claims that the Disciplinary Warning was issued in retaliation for his reporting of Cooper’s racially hostile statements. [Defendant] asserts that the warning issued because Willis demonstrated a ‘lack of good judgment’ and a ‘lack of respect for others’ when he sent the mass email disclosing that his co-worker son overdosed on pills. But [Plaintiff]…
Employee’s allegations in her complaint that she worked for multiple related entities with combined more than fifteen employees is sufficient to defeat a motion to dismiss.
By JCOHEN on
Posted in Retaliation
“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…
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…
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…