Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Ex-employee failed to file supplemental EEOC charge, so failed to exhaust administrative remedies says Eastland Court of Appeals

  Christopher Wernert v. City of Dublin, 11-16-00104-CV (Tex. App. – Eastland, August 30, 2018). This is an employment discrimination case were the Eastland Court of Appeals affirmed the granting of the City’s dispositive motion. Wernert was a police officer for the
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the
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Constitutional Challenge, Discrimination, Employment Law, Official/Qualified Immunity

Employee failed to establish valid comparators in equal protection/employment discrimination case, so individuals entitled to qualified immunity says 5th Circuit

Mitchell v. Mills No. 17-40737 (5th Cir. July 13, 2018) This is an equal protection in employment case where the 5th Circuit held the individual defendant mayors were entitled to qualified immunity. Mills and Chartier were both mayors at different times during
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

A police officer’s subjective preference for assignment is insufficient to prove a materially adverse personnel action says Dallas Court of Appeals

  City of Dallas v. Christopher Worden, 05-17-00490-CV )Tex. App. – Dallas, July 3, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Whistleblower Act case where the Dallas Court of Appeals reversed
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Declaratory Judgments, Employment Law, Injunction, Litigation, Mandamus, PIA, Procedure, Sovereign Immunity

City of Houston can be sued by pension board for non-compliance with statutory pension provision and PIA

  City of Houston, et. al.  v. Houston municipal employees pension system, 17-0242, — S.W. 3d — (Tex. June 8, 2018). City of Houston created several local government corporations to which it transferred some of its employees. Specifically at issue is the
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plaintiff’s pro se brief insufficient to preserve arguments on appeal holds Dallas Court of Appeals

Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District (“DISD”) employed
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Discrimination, Employment Law, Procedure, Retaliation

Texas Supreme Court holds standards in same-sex discrimination cases are distinctly different than opposite-sex standards

Alamo Heights Independent School District v Catherine Clark, 16-0244, — S.W.3rd – (Tex. April 6, 2018). This is a workplace same-sex discrimination, harassment and retaliation case where the Texas Supreme Court held that while the actions complained of were vulgar, they were
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Discrimination, Employment Law, FMLA, Retaliation

Ex-employee failed to allege she was qualified for her position but court held she was entitled to amend in discrimination/retaliation case

City of Granbury v. Christine Willsey 02-17-00343-CV (Tex. .App. — Fort Worth, March 15, 2018) This is an age/sex discrimination and retaliation case where the Fort Worth Court of Appeals affirmed-in-part and reversed-in-part the order denying the City’s plea to the jurisdiction.
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