Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was
In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir. 1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who
The Fifth Circuit reversed a grant of summary judgment in Lindsley v. TRT Holdings, Inc., No. 20-10263 (5th Cir. 1/7/2021). In an opinion written by Judge Ho, the court found that the plaintiff showed that she was paid much less than similarly situated male employees of Onmi hotels. The lower court had found that
Clients sometimes come to my office, convinced they have an unassailable lawsuit. They cannot lose. They are certain they have the best evidence. But, in litigation, nothing is ever certain. In the case of Knepper v. Ogletree Deakins, Nash. Smoak & Stewart, P.C., No. 19-CV-0060 (C.D. Calif.), much has gone wrong. Dawn Knepper, who
Plaintiffs in employment cases often contend they are paid less than other, similarly situated co-workers. The Defendant then argues no, the plaintiff does not truly know that. Many times, the court will side with the employer and find that the employee is relying on speculation when s/he claims to “know.” Since, many plaintiffs are relying
There are a few law firms that specialize in representing employers in employment cases. A very few of those firms operate nationally. One such law firm is Ogletree, Deakins, Nash, Smoak and Stewart, PC. Ogletree Deakins represents employers everyday regarding employment matters. They have offices across the country. Yet, that firm is the defendant in
In 2013, Prof. Cheryl Kelsey filed a lawsuit against Texas A&M at San Antonio alleging sex discrimination and unequal pay. According to her lawsuit, she was hired as an associate professor by Texas A&M for the 2009-10 academic year. She was promoted to assistant professor for the 2011-12 school year. Yet, she was still paid
Well, I guess it is going to snow this coming July, or at least in March. The EEOC has found in favor of an employee. They have found evidence of discrimination. Finding in favor of the employee may not be as rare as snow in July, but it does approach the rarity of snow in
The Equal Pay Act is a statute that requires that women be paid the same as men who perform the same work. The Equal Pay Act was passed in the 1970’s as an amendment to Title VII of the Civil Rights Act, which prohibits discrimination against minorities. Texas passed its version of Title VII, Texas’
Last August, Gov. Rick Perry vetoed a statute that would have amended the state version of Title VII the way Congress amended Title VII to allow women to sue for discrimination in their pay. See my posts here. The state version of Title VII is known as the Texas Commission on Human Rights Act.