Discrimination, Employment Law, Litigation, Procedure, Retaliation

TxDOT former employee failed to establish disability discrimination or retaliation claims

Melissa K. Ferguson v. Texas Department of Transportation, 11-15-00110-CV (Tex. App. – Eastland, August 31, 2017). This is an employment disability discrimination and retaliation case where the Eastland Court of Appeals affirmed a judgment in favor of the employer. Ferguson was employed
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Discrimination, Employment Law, Sovereign Immunity

Since manager’s position was reorganized into director position, former manager was not “replaced” with someone outside of her protected class

DISD reorganized the CAFD, renamed it the Finance and Accounting Support for Campuses Department (the FASCD), and decided the new department should be led by a Director, a position one managerial level higher than Manager. The DISD hired Donna Zemanek, an Anglo
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Discrimination, Employment Law

College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old Caucasian female
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ADA, Discrimination, Employment Law

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with lingering injuries
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Discrimination, Employment Law, Litigation

Ex-employee unable to establish direct evidence of age discrimination and failed to establish someone younger was hired instead

  Juan Bazaldua Jr. v. City of Lyford, Texas, 13-16-00004-CV (Tex.App— Corpus Christi, September 1, 2016) This is an age-discrimination case where the Thirteenth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Bazaldua was a forty-nine-year-old laborer
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ADA, Discrimination, Employment Law, Litigation

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan alleges Tarrant
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Discrimination, Employment Law, Litigation

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was
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Discrimination, Employment Law

Difference in severity of past criminal history meant comparator was not similarly situated for discrimination analysis says Dallas Court of Appeals

Noris Rogers v. Pearland Independent School District, 14-41115 (Tex. APP—Dallas, June 28, 2016) This is a race discrimination case where the Dallas Court of Appeals affirmed the granting of the employer’s summary judgment. Rogers, an African-American male, applied for employment as a
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