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Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages

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Alleging the underlying facts and the key players at issue is enough to sufficiently state a claim for violation of the Equal Protection Clause due to race-based termination and sexual harassment.

Posted in Race Discrimination, Sexual Harassment

“In the complaint, the Plaintiffs allege that (a) they are members of a protected class; (b) they were subjected to intentional discriminatory treatment during their employment with SLU; (c) similarly situated white employees were treated differently; (d) they were terminated due to their race; (e) Gandolfo was subjected to unwelcome sexual harassment that was willfully… Continue Reading

An employer’s selective application of a facially neutral policy is evidence of pretext.

Posted in Race Discrimination

“A reasonable jury could conclude from [plaintiff’s supervisor’s] explanation, together with the summary judgment evidence that Plaintiff’s’ co-worker, Clark, also did not strictly follow TDCJ’s timesheet policy as written, that [employer’s] timesheet policy recognized a de facto exception for [public information officers].  If the de facto exception was selectively ignored in [plaintiff’s] case, a reasonable… Continue Reading

Showing that white employee was denied raise, even though fully funded by federal grant, by new black sheriff who recently hired two new blacks employees is enough create fact issue regarding intentional discrimination.

Posted in Race Discrimination

“Kelvin Williams, a black male, was elected sheriff.  James Moore, a black male, became warden.  Shortly thereafter, Williams promoted another black female, with no college degree or counseling certification, to be the director of the male alcohol and drug program at the facility at a salary of $40,000 per year.  He appointed Jean Fair, a… Continue Reading

Negative comments are still racially based if white coworkers are not subjected to the same type of comments.

Posted in Race Discrimination

“Viewing the facts in the light most favorable to [Plaintiff], the Court finds that he has presented sufficient evidence to establish a genuine dispute of material fact from which a jury could conclude that the harassment complained of was based on race.  Such a conclusion is underscored by the deposition testimony of Bell’s white co-worker,… Continue Reading

Non-race based harassment can be combined with race based harassment when analyzing if the harassment was severe or pervasive.

Posted in Race Discrimination

“[T]he plaintiff has presented evidence of a pattern of race-based harassment, it is appropriate for the Court to consider incidents of non-race-based harassment. Compare EEOC v. WC&M Enters., Inc., 496 F.3d 393, 400 (5th Cir. Aug. 10, 2007) (determining that a fact finder could reasonably conclude that a co-worker’s frequent banging on the glass partition… Continue Reading

Pretext is established when the selection vote is divided on racial lines.

Posted in Race Discrimination

“Plaintiff argues that the changes to the vacancy notice regarding college graduation indicate the City’s true intent, which he claims was to hire a black police chief.  Plaintiff contends that the vacancy initially required applicants to graduate from a four-year university or college but was later changed so that African–Americans would qualify. ….  Plaintiff further… Continue Reading

Being told your job will not be renewed would compel a reasonable employee to resign.

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 to make… Continue Reading

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.

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.).… Continue Reading

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.

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.).… Continue Reading

An employee complaining of racial epithets and informing supervisors that they made him uncomfortable and requesting that these terms not be used to refer to him is evidence that (1) the employee was subject to unwelcome harassment and (2) that the harassment was based on a protected characteristic.

Posted in Race Discrimination

“[Plaintiff] testified that [Supervisor] repeatedly used racial epithets to refer to him, such as ‘güero,’ ‘mayate,’ and ‘ni – –er,’ even after [Plaintiff] requested not to be called those names.  Once, [Supervisor] told [Plaintiff]: ‘Get the f – – k away from me, I don’t want no mayate around while I’m eating.’  In addition, …[Plaintiff]… Continue Reading

Resigning after being told your contract will not be renewed is constructive discharge.

Posted in Race Discrimination

The Plaintiff “was informed that . . . his contract would not be renewed.”  Lawson v. Hinds County School Dist., 2014 WL 373199 *1 (S.D. Miss. Feb. 3, 2014) (Jordan, J.).  The court notes that “an employee can prove constructive discharge with evidence that she was given an ultimatum requiring her to choose between resignation… Continue Reading

Race related comments made by the alleged decisionmaker, on the day of termination, and apparently related to the employment decision at issue is arguably direct evidence of discrimination.

Posted in Race Discrimination

“Here, the alleged termination decision maker repeated (three times) the derogatory racial remark ‘[Plaintiff] didn’t fit into the culture of [Defendant].’  The last time the remark was made was on the day of Plaintiff’s termination.” Miller v. Kimes & Stone Const. Co., Inc., 2014 WL 4803094, at *2 (N.D.Miss. Sep. 24, 2014) (Brown, J.).… Continue Reading

Summary judgment should be denied when Defendant’s version of events is substantially different from the Plaintiff’s.

Posted in Race Discrimination

“The Court held the following to be issues of material fact based on Plaintiff’s and 3rd party affidavits: (1) discrepancy regarding who made the decision to terminate; (2) Plaintiff offering evidence that employees were undermining him while Defendant offers a company policy prohibiting discrimination; (3) Plaintiff’s claims of ‘phenomenal’ performance v. Defendant’s Affidavit’s claiming insubordination,… Continue Reading

decisionmaker asserting influence over other members of the deciding board with regards to terminating the employment contract of a Caucasian male only in order to replace him with an African-American female is evidence of pretext.

Posted in Gender discrimination, Race Discrimination

“[Plaintiff] presented sufficient testimony about the positions and relationships between members of the Board….  Those relationships and positions were evidence that suggested the influence [members] with racial animus could exert on the Board such that the Board would be the “cat’s paw” of the actor with discriminatory intent.” Dulin v. Board of Comm’rs of Greenwood… Continue Reading

Declarant of racist statement in a direct evidence case does not need authority to hire and fire.

Posted in Race Discrimination

Direct evidence requires a statement be “made by an individual with authority over the employment decision at issue.”  Lawson v. Hinds County School Dist., 2014 WL 373199 *5 (S.D. Miss. Feb. 3, 2014) (Jordan, J.) (citing Krystek v. University of Southern Mississippi, 164 F.3d 251, 256 (5th Cir. 1999)).  However, “authority” does not mean the… Continue Reading

The 4th prong of a plaintiff’s prima facie case is met when the Plaintiff’s position is eliminated but someone outside the protected class assumes their job duties.

Posted in Race Discrimination

“Here, the Plaintiff (white male) used an affidavit to assert that ‘defendant transferred his job responsibilities and authorities to … all African –American[s], and none of whom had anywhere near the experience and training.’” Quinn v. Capital Transp. Corp., 2014 WL 4782708, at *4 (M.D. La. Sep. 24, 2014) (De Gravelles, J.).… Continue Reading

Statements indicating spitefulness for reporting discrimination is evidence of pretext because it shows motive.

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]… Continue Reading

The statement that a black employee was selected for job elimination because it is easier for a black employee to find a job is direct evidence of discrimination.

Posted in Race Discrimination

“In Krystek v. University of Southern Mississippi, the Fifth Circuit explained that workplace comments provide sufficient evidence of discrimination if they are ‘1) related [to the protected class of persons of which the plaintiff is a member]; 2) proximate in time to the terminations; 3) made by an individual with authority over the employment decision… Continue Reading

Changed circumstances render a same actor inference inapplicable.

Posted in Race Discrimination

“[A]fter the Plaintiff was hired and before she was fired, Wade made an allegation of race discrimination.  Abadilla (age 61 at the time Plaintiff was discharged) was herself implicated in the Wade situation…. [T]hese changed circumstances, primarily Wade’s allegation of race discrimination, render the ‘same actor’ inference inapplicable.” Bautista v. Quest Diagnostics Clinical Laboratories, Inc.,… Continue Reading

An employee’s testimony that the Plaintiff did not commit the alleged act of misconduct constitutes evidence showing pretext.

Posted in Race Discrimination

“Plaintiff has presented strong evidence that raises a genuine issue of material fact regarding whether [Defendant]’s assertion that [Plaintiff] discriminated against Wade on the basis of [employee]’s race is false.  [Another employee], Director of Human Resources, testified in her deposition that she did not believe that Plaintiff was a racist and that she thinks Plaintiff… Continue Reading

Replacement of plaintiff months after termination satisfies prima facie case.

Posted in Race Discrimination

“Although Defendant suggests that the remote temporal proximity of the African American hire and Plaintiff’s termination indicate no relation between the two events, such is an inference more properly drawn by the trier of fact.  Thus, Plaintiff has established a prima facie case of disparate treatment, causing the burden to shift to Defendant to assert… Continue Reading

Telling an employee that she should transfer because she is black and customers at a new location are black constitutes direct evidence of discrimination.

Posted in Race Discrimination

“[Plaintiff’s manager] commented that Plaintiff should relocate to the Hammon property because ‘she is black and the residents are black’ … the Fifth Circuit set forth the criteria for direct evidence of discrimination…. [and] the comments cited by Plaintiff meet the criteria.” Zeno v. Livingston Management, Inc., 2013 WL 4520532 at *2-3 (M.D. La. August… Continue Reading

Plaintiff’s and witness’s testimony that supervisor required English only, and that employees made fun of plaintiff for mispronouncing English words creates fact issue.

Posted in Race Discrimination

“Plaintiff provided her own testimony and the testimony of a coworker concerning English only requirement, increased workload, and the mocking of plaintiff.  Supervisor also testified that she may have had the English only rule.” Garcia v. Garland Ind. Sch. Dist., No 3:11-cv-502-N-BK, 2013 WL 5299264 at *5 (N.D. Tex Sept. 20, 2013) (Godbey, J.).… Continue Reading