Employment Law, Litigation, Procedure

Plaintiff must prove the TWC’s decision is unreasonable, arbitrary, and capricious to overturn a denial of unemployment benefits. 

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Van Deelen v. Tex. Workforce Comm’n, No. 14-18-00489-CV (Tex. App.—Houston [14th]  January 26, 2021) (mem. op.). In this appeal from a trial court’s judgment granting the TWC’s summary judgment motion on
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Discrimination, 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 an employment dispute where the 14th Court of Appeals affirmed the denial of a plea to the jurisdiction filed by
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ADA, Employment Law

U.S. 5th Circuit held reasonableness of an ADA accommodation request is normally a fact issue plus alleged discrimination is not enough for discriminatory firing claim under ADA

Jones v. Lubbock County Hosp. Dist., 19-11364, 2020 WL 6787549, at *1 (5th Cir. Nov. 18, 2020)  This is an interlocutory appeal of a granting of summary judgment for the University Medical Center (“UMC”) and appealed by its former employee, Ricky Jones.
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Constitutional Challenge, Employment Law, Litigation, Retaliation, Sec. 1983, Whistleblower

The Ninth Court of Appeals affirmed judgment for City in First Amendment/Whistleblower claims since no causal connection was present

Special contributing author Laura Mueller, City Attorney for Dripping Springs Samer Shobassy v. City of Port Arthur, No. 09-18-00363-CV (Tex. App.—Port Arthur  November 19, 2020) (mem. op.). In this appeal from a trial court’s judgment dismissing the plaintiff’s retaliation-in-employment case.  The Beaumont
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Austin Court of Appeals holds that under the Civil Service Act applied to police officers, a reinstatement list must factor in seniority in the position being demoted and not seniority in the department

Bradley Perrin v. City of Temple, et al, 03-18-00736-CV, (Tex. App – Austin, Nov. 6, 2020) This is an employment dispute in a civil service police department with crossclaims and a host of procedural matters. The Austin Court of Appeals ultimately held
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Discrimination, 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 and retaliation case where the Houston Court of Appeals (14th Dist.) affirmed the granting of the school district’s plea to
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Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Procedure

U.S. 5th Circuit holds qualified immunity applies in university disciplinary hearings where the outcome depends on the credibility of a witness

U.S. 5th Circuit holds qualified immunity applies in university disciplinary hearings where the outcome depends on the credibility of a witness Ralph Clay Walsh, Jr. v. Lisa Hodge, et al., 19-10785, 2020 WL 5525397 (5th Cir. Sept. 15, 2020) This is an
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Constitutional Challenge, Declaratory Judgments, Employment Law, Finance

First District holds county attorney could not bring suit against commissioner’s court for budget policies

Hobbs, Williamson County Attorney v. Dan A. Gattis, et. al., 01-19-00025-CV (Tex. App. – Houston [1st Dist.], Oct. 15, 2020). This is a declaratory judgment case where the First District Court of Appeals affirmed the dismissal of the County Attorney’s challenge to
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Discrimination, 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 Worth September 10, 2020) (mem. op.). In this discrimination case, the plaintiff sued the University for age discrimination after resigning
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Constitutional 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. 01-19-00024-CV (Tex. App.—Houston [1st Dist.] September 3, 2020) (mem. op.). In this employment discrimination claim, the plaintiff sued a University
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