retaliation

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The City of Selma, Texas has settled a discrimination lawsuit for $37,500.  Capt. Jeff Moczygemba sued after he was fired.  Capt. Moczygemba was one of the few firefighters to confirm to Human Resource investigators that the Fire Chief, Ric Braun, had made anti-Hispanic comments.  Chief Braun had referred to "wetbacks" who used to clean up the…

Last week, a federal court jury found that Corpus Christi Army Depot discriminated against and retaliated against Muprhy Junaid during his employment at CCAD.  The federal court jury awarded $150,000 in lost wages and benefits and another $500,000 in emotional pain type damages.  Mr. Junaid complained about discrimination by CCAD and then suffered discipline for…

People file complaints with the Equal Employment Opportunity Commission everyday.  In the 2011 fiscal year, some 9,900 charges were filed in Texas.  The charge starts with a questionnaire filled out by the employee.  An EEOC worker then prepares a charge for the complainant based on the questionnaire.  In theory, the complainant would review the proposed…

In a rare victory for the worker, the Fifth Circuit reversed summary judgment for the employer.  In Schirle v. Sokudo USA, Inc., No. 11-10788 (5th Cir. 7/31/12), the plaintiff alleged he was discriminated against because he was non-Japanese.  Sokudo and the other defendants are Japanese owned corporations.  Mr. Schirle also claimed that he suffered an…

Many laypersons people are familiar with the retaliation part of Title VII of the Civil Rights Act of 1964.  That anti-retaliation provision prohibits retaliation against someone who opposes discrimination.  Title VII is a federal statute.  Texas is an at-will state.  But, even so, Texas does have a few state anti-retaliation statutes.  

Texas prohibits reprisal…

A Bexar County jury awarded a former employee of San Antonio Water Systems $1.6 million in state district court.  The former SAWS employee alleged she had been fired after she reprimanded the Vice-President for Communications because he asked a female employee to lunch.  See San Antonio Express News report.  Debra Nicholas had been special…

The former Chief Financial Officer for the Bexar County Medical Society has sued her former employer for sex discrimination and retaliation.  See San Antonio Express News report.  Former CFO Patricia Baldeschwiler served in the post about eight years.  According to her lawsuit, Ms. Baldeschwiler and other female employees began to experience sexual discrimination from…

Retaliatory lawsuits are rarely a good idea.  Employers can feel very offended when an employee files a lawsuit. The employment relationship can be like family.  So, sure, many employers feel some betrayal when they are sued.  But, to respond with a counter-lawsuit almost never works. 

In one case, the employer responded to a discrimination lawsuit…