Discrimination – Law Office Of Ryan Henry

January 4, 2022ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea […]

November 10, 2021Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. […]

October 18, 2021Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment […]

July 13, 2021Discrimination, Employment Law, Whistleblower

Evidence that a decisionmaker knew about the report of illegal activity is required to prove a Whistleblower retaliation claim.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Houston Community College v. Sabrina Lewis, No. 01-19-00626-CV (Tex. App.—Houston [1st Dist.], […]

March 23, 2021Constitutional Challenge, Discrimination, Employment Law, Litigation, Retaliation, Sec. 1983

U.S. Fifth Circuit holds former police officer failed to establish same-sex sexual harassment by supervisor even under recent Bostock decision

Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. […]

February 19, 2021Discrimination, Employment Law, Sovereign Immunity

An employer cannot discriminate against an individual based on their intent to become pregnant

Special contributing author Laura Mueller, City Attorney for Dripping Springs South Texas College v. Arriola, No. 12-19-00222-CV (Tex. App.—Corpus Christi Feb, 2021). […]

January 22, 2021Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Metropolitan Transit Authority of Harris County, Texas v. John Carter, 14-19-00422-CV (Tex. App. – Houston [14th Dist.], January 14, 2021) This is […]

November 3, 2020Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th District Court of Appeals holds all elements of a circumstantial-evidence retaliation claim (including pretext) are jurisdictional, plus court lacked jurisdiction over Plaintiff’s discrimination claim

Margaret Fields v. Houston Indep. Sch. Dist., 14-19-00010-CV (Tex. App.—Houston [14th Dist.] Oct. 15, 2020) This is an employment discrimination […]

September 18, 2020Discrimination, Employment Law

The Second Court of Appeals held that a plaintiff who resigns cannot prove an adverse employment action when the only evidence of constructive discharge was forthcoming investigation

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of North Tex. Sys. v. Lisa Barringer, No. 02-19-00378-CV (Tex. App.—Fort […]

September 15, 2020Constitutional Challenge, Discrimination, Employment Law, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

The First Court of Appeals held employment discrimination claims cannot be brought under the TCHRA in state court where the same claims were previously dismissed in federal court.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Suran Wije v. David A. Burns and Univ. of Texas, No. […]