Civil Service/Collective Bargaining, Discrimination, Employment Law, Retaliation, Sovereign Immunity

The First Court of Appeals to move forward with retaliation claim plaintiff must provide evidence of but-for causation

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Kimberley R. Trimmer-Davis, No. 01-19-00088-CV (Tex. App.—Houston [1st Dist.] August 25, 2020) (mem. op.). In this employment retaliation case, the plaintiff sued the City when suspended after
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Corpus Christi Court of Appeals held plaintiff can circumvent TWC for retaliation claim so long as underlying claim is based on TWC complaint

Special contributing author Laura Mueller, City Attorney for Dripping Springs Donna Indep Sch. Dist.. v. Cynthia Castilla, 13-19-00395-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this employment discrimination and retaliation case, the plaintiff brought some claims that occurred outside of the
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Houston First Court of Appeals holds that a School’s participation in discovery does not waive its governmental immunity.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Democratic Schools Research, Inc. d/b/a The Brazos School for Inquiry and Creativity v. Tiffany Rock, 01-19-00512-CV (Tex. App.—Houston [1st Dist.], Aug. 4, 2020). In this employment discrimination case, the Houston First Court
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ADA, Contracts, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

14th Court of Appeals holds 1) proof of causation necessary to maintain labor code disability discrimination & 2) plea was properly denied for breach of contract

Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July 14, 2020) (mem. op.). This case contains two claims: (1) disability discrimination under Texas Labor Code Section 21.105; and (2)
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Discrimination, Employment Law, Litigation, Retaliation

When alleged harasser was placed on restrictions, then restrictions were removed five months later, the fact the employer believed it did not have time to respond to subsequent complaint is irrelevant says El Paso Court of Appeals

  County of El Paso, Texas v. Monique Aguilar, 08-19-00082-CV, (Tex. App – El Paso, March 18, 2020) This is a gender discrimination/hostile work environment case where the El Paso Court of Appeals reversed-in-part and affirmed-in-part the denial of the County’s plea
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

City of San Antonio v. Pedro J. Arciniega, 04-19-00467-CV, (Tex. App – San Antonio, Jan 15, 2020) This is an employment discrimination case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Arciniega sued
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Orlando Toldson v. Denton Independent School District, 02-18-00394-CV (Tex. App. – Fort Worth, Nov. 21, 2019) This is a sexual harassment/retaliation claim where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment. Toldson worked for Denton Independent School
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Constitutional Challenge, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Procedure, Retaliation, Sovereign Immunity

Firefighter’s claims against City dismissed since no adverse employment actions occurred; only minor internal decisions

Billy Fratus v. The City of Beaumont, 09-18-00294-CV (Tex. App. – Beaumont, Oct. 10, 2019). This is an employment discrimination/retaliation/firefighter case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Fratus was a firefighter who
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Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Mandamus, Nuisance, Retaliation, Separation of Powers, Sovereign Immunity, Takings, TTCA, Whistleblower

December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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