Retaliation – Law Office Of Ryan Henry

March 23, 2021Constitutional Challenge, Discrimination, Employment Law, Litigation, Retaliation, Sec. 1983

U.S. Fifth Circuit holds former police officer failed to establish same-sex sexual harassment by supervisor even under recent Bostock decision

Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. […]

January 22, 2021Discrimination, 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 […]

November 30, 2020Constitutional 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 3, 2020Discrimination, 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 […]

September 1, 2020Civil 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 […]

August 24, 2020Discrimination, 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 […]

August 17, 2020Discrimination, 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 […]

March 25, 2020Discrimination, 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 […]

December 24, 2019Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Supervisor entitled to qualified immunity as to one suspended employees 1st Amendment claim but not the other

Benfield v. Magee, 18-30932, (U.S. 5th Cir. December 17, 2019) This is a First Amendment in employment action where the U.S. 5th […]

November 27, 2019Discrimination, 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 […]