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Category: Discrimination

Discrimination, Employment Law, Official/Qualified Immunity

Diversity training is proper remedial action to avoid Title VII liability says 5th Circuit.

February 14, 2014rhenry12598Leave a comment

  Williams-Boldware v. Denton County, Texas No. 13-40044 (5th Cir. January 31, 2014). This is a hostile work environment case where the U.S. Court of Appeals for the 5th Circuit reversed a judgment and dismissed the discrimination claims of an African-American Assistant
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Civil Service/Collective Bargaining, Contracts, Discrimination, Employment Law

Officers win age discrimination claims against City after department consolidation

February 7, 2014rhenry12598Leave a comment

City of Austin v. Raymond E. Chandler, et al., 03-12-00057-CV (Tex. App. – Austin, February 7, 2014) This is an age discrimination case where several public safety officers over 40 sued the City of Austin when they lost rank and years of
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Discrimination, Employment Law, Litigation, Retaliation

Alleged incorrectness of reason for employee termination does not equate to pretext.

January 8, 2014rhenry12598Leave a comment

  Joe A. Zuniga v. The City of San Antonio, 04-13-00142-CV (Tex. App. – San  Antonio, January 8, 2014). This is an employment case where the San Antonio Court of Appeals affirmed summary judgment for the City noting Zuniga did not rebut
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Discrimination, Employment Law, Litigation

Findings of Fact means MSJ order improper and EEOC piggybacking allowed says Eastland Court of Appeals

January 2, 2014rhenry12598Leave a comment

  Jimmy Wilsher, et al  v. City of Abilene, 11-11-00355-CV (Tex. App. – Eastland, December 31, 2013) This is an age discrimination case brought by former City employees. The trial court dismissed all claims but the Eastland Court of Appeals reversed and
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Discrimination, Employment Law

Directed verdict proper in Ex-TxDOT employee’s age and national origin case

December 19, 2013rhenry12598Leave a comment

Moreno v. Texas Department of Transportation, 08-12-00078-CV (Tex. App. – El Paso, December 18, 2013). In this wrongful-termination action, Moreno appeals the trial court’s directed take-nothing judgment in favor of the Texas Department of Transportation (TxDOT).  The Eighth Court of Appeals affirmed.
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ADA, Discrimination, Employment Law, FMLA, Retaliation, Worker's Comp

Injured worker’s claims get partially revived by 4th Court of Appeals.

December 18, 2013rhenry12598Leave a comment

  Jose Luis Pena v. County of Starr, 04-12-00462-CV (Tex. App. – San Antonio, December 18, 2013). This is an appeal from the granting of a summary judgment in an employment case involving disability, discrimination, retaliation, and FMLA claims which the 4th
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Agency, Discrimination, Employment Law, Litigation, Retaliation

ALJ F-5 determination not preclusive in federal Uniformed Services Employment suit says 5th Circuit.

October 23, 2013rhenry12598Leave a comment

Bradberry v. Jefferson County, Texas No. 12-41040 (5th Cir. October 17, 2013). This is an employment case where a former deputy sheriff claims he was terminated after returning from his two-week U.S. Army Reserve obligation in violation of the Uniformed Services Employment
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ADA, Discrimination, Employment Law, Retaliation

ADA reasonable accommodation requirement not limited to essential job functions says 5th Circuit.

September 27, 2013rhenry12598Leave a comment

Feist v. State of Louisiana, No. 12-31065 (5th Cir. September 16, 2013). This is a disability discrimination case under the ADA where the U.S. Court of Appeals for the Fifth Circuit reversed a trial court order granting the State of Louisiana’s (employer)
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Discrimination, Employment Law, Retaliation

Employee’s discrimination claims dismissed

September 26, 2013rhenry12598Leave a comment

Masika Ray-Brown v. Longview Independent School District, 06-13-00037-CV (Tex. App. – Texarkana, September 26, 2013). This is a racial discrimination and retaliation case where the trial court granted the Longview Independent School District (“LISD”) motion for summary judgment and Ray-Brown appealed. The
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Discrimination, Employment Law, Retaliation, Sovereign Immunity

Exhaustion of grievance procedure not necessary in retaliation claim says Tyler court

September 19, 2013rhenry12598Leave a comment

Donna D. Borden v. Smith County Community Supervision and Corrections Department, 12-12-00284-CV (Tex. App. – Tyler, September 19, 2013). This is an appeal by the Plaintiff in an employment case where the trial court granted a plea to the jurisdiction in the
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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