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 where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment.

Toldson worked for Denton Independent School District (DISD) as a paraprofessional teacher’s aide off and on from 2009 until he was terminated in February 2015. In 2014 Toldson served as an aide in the special education department at Ryan High School (RHS). Toldson complained to the assistance principle several times that the teacher (Ms. Winrow) was overly demanding and that Toldson did not know what was expected of him in the classroom. Toldson made no allegations during these meetings that Winrow had sexually harassed him.  These complaints continued for several months until Toldson eventually did mention what he felt was inappropriate sexual comments. DISD offered to move Toldson to a different classroom while investigating his complaints. The principle interviewed five witnesses,  did not find any who corroborated Toldson’s allegations of sexual harassment.  The principle concluded the investigation and offered to move Toldson to another teacher, to which Toldson objected. Toldson complained to the DISD HR department and asserted his immediate supervisors began retaliating against him by requiring him to be at department meetings where Winrow would be present. Toldson followed the grievance procedures up the process, but with no resolution he would accept. During this entire time, Toldson’s job performance at RHS was an issue including often arriving late for work, he often left early, and he was often absent, all without providing proper notification to his superiors. He also took longer breaks than allowed, as well as unauthorized breaks that left students unsupervised. Toldson was reassigned to a different campus.  While there, the record reflects Toldson sexually harassed a female teacher. Upon learning of the incidents, DISD terminated Toldson. Toldson sued for sexual harassment and retaliation. The DISD filed a motion for summary judgment, which was granted. Toldson appealed.

Regarding his retaliation claim, the court noted no evidence was identified by Toldson establishing causation. While Toldson asserts an email present somewhere in the record constitutes direct evidence of causation, Toldson failed to identify, cite, or adequately brief the email for the court. Toldson bears the burden of supporting his contentions with appropriate citations to the record. Failing that, Toldson fails to meet his burdens.  Further, the court agreed DISD presented evidence of a legitimate, non-retaliatory reason for terminating Toldson’s employment. Toldson failed to demonstrate a fact issue exists regarding pretext. The court likewise had difficulty finding Toldson had properly briefed and identified arguments and issues regarding the sexual harassment claim. The court noted the summary judgment record in this case exceeds 2,000 pages. Of the nineteen sentences of alleged facts Toldson relies upon to show a fact issue the sexual harassment charge, eight contain no citation to the record whatsoever and the rest do not explain how they are related to any form of harassment.  Toldson provided no reference to a specific place in the record where any exhibits exist, so he failed to brief his issues. The summary judgment was affirmed.

If you would like to read this opinion click here. Panel consists of Chief Justice Sudderth, Justices Womack and  Wallach. The attorney listed for the district is Thomas P. Brandt.  The attorney listed for Toldson is Anthony Hamilton Green.

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