Wayne Wright, LLP, whose motto is the law firm demands “respect and justice” for its clients, was sued for pregnancy based discrimination in 2015. The EEOC filed suit after Kendra Taylor-Andrews filed a complaint with the EEOC. Ms. Taylor-Andrews had been employed by Wayne Wright in Houston since 2004. She received favorable performance reviews during
Texas Supreme Court Changes Retaliation Requirements
The Texas Supreme Court reversed the jury decision in Nicholas v. SAWS. See decision here. The result is not surprising. The Texas Supreme Court frequently reverses jury verdicts in favor of victims of discrimination. The court found that Debra Nicholas did not have a reasonable belief that she was opposing discrimination when she
Fifth Circuit Disregards Role of Jury
The Fifth Circuit has apparently decided that an employer will get a free pass when a supervisor makes one and only one racist comment. The supervisor was a co-worker of Courtney Satterwhite when he made the comment. Harry Singh, according to Mr. Satterwhite, uttered “Heil Hitler” during a conversation, at which a Jewish worker was
SAWS Seeks to Move the Goal Post
Oral arguments in the case of Nicholas v. SAWS were heard recently. The Defendant appealed the matter to the Texas Supreme Court after losing before the Fourth Court of Appeals. See my prior post about that appeal here and here. In the oral arguments, the defense attorney, Rachel Ekery, said the harassment by the
Discrimination Cases Present Many Obstacles
Courtesy of creationc
Employment cases are exceedingly difficult, with numerous deadlines and traps for the unwary. We see some of these traps in the case of Prewitt v. Continental Automotive, No. 12-CV-582 (W.D. Tex. 8/28/2014). In this case, Larry Prewitt alleged that he had been terminated due to several reasons: race discrimination
Fifth Circuit Reverses Summary Judgment
In a recent unpublished decision, the Fifth Circuit reversed the grant of summary judgment in favor of the employer. Monica Hague formerly worked for the University of Texas Health Science Center t San Antonio. Ms. Hague worked in the Emergency Health Services Department. She worked on a contract basis for a set time period. Her contract
Fourth Court Affirms Jury Verdict
In 2012, a Bexar County jury awarded a former SAWS employee $1.6 million in damages in a retaliation lawsuit. Debra Nicholas had opposed possible discrimination by her employer, San Antonio Water System in 2006. Her job was eliminated in 2009. SAWS claimed her job was eliminated as part of a re-organization. But, her job was
Seventh Circuit Dismisses Case Because Plaintiff Lost Temper at Mediation
Mediation is now a common part of any lawsuit. The EEOC has also embraced mediation. Mediation is the process by which a nuetral third person explores the possibility of settlement. When the EEOC performs mediation, it provides its own mediator. The EEOC mediators are not active investigators. Usually, at a mediation, the two parties remain
Southside Trustee Settles Her Claim
Southside Board Trustee, Alma Guzman, has settled her claim against the Southside Independent School District. I previously wrote about her lawsuit here, here, here and here. Ms. Guzman lost her trial regarding the retaliation claim, earlier this year. Her other claim for sex discrimination had been dismissed by the judge. After the
Retaliation Claims Require “But For” Evidence
It was a busy day for the Supreme Court, yesterday. The high court decided a second employment case regarding retaliation cases. Congress amended Title VII in 1991 to add many new facets. It also added that to show discrimination, a plaintiff needed to show that discrimination was a "motivating factor." Did that change also