Quote

Austin Court of Appeals holds ex-professor properly alleged disability and age discrimination claim even where there is no legal obligation to renew a term contract

  Texas State University v. Dr. Kathleen Quinn 03-16-00548-CV (Tex.App—— Austin, Texas November 29,2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment-discrimination dispute where the Austin Court of Appeals affirmed the … Continue reading

Quote

Notice of non-renewal letter triggered date for EEOC complaint filing, not the date internal grievance was completed says San Antonio Court of Appeals

Alamo Community College District d/b/a Alamo Colleges v. Douglas Ryan 04-17-00196-CV (Tex.App– San Antonio, Texas November 1, 2017) This is an interlocutory appeal in an employment discrimination case where the San Antonio  Court of Appeals reversed the denial of the … Continue reading

Quote

TxDOT former employee failed to establish disability discrimination or retaliation claims

Melissa K. Ferguson v. Texas Department of Transportation, 11-15-00110-CV (Tex. App. – Eastland, August 31, 2017). This is an employment disability discrimination and retaliation case where the Eastland Court of Appeals affirmed a judgment in favor of the employer. Ferguson … Continue reading

Quote

Since manager’s position was reorganized into director position, former manager was not “replaced” with someone outside of her protected class

DISD reorganized the CAFD, renamed it the Finance and Accounting Support for Campuses Department (the FASCD), and decided the new department should be led by a Director, a position one managerial level higher than Manager. The DISD hired Donna Zemanek, … Continue reading

Quote

College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old … Continue reading

Quote

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with … Continue reading

Quote

Ex-employee unable to establish direct evidence of age discrimination and failed to establish someone younger was hired instead

  Juan Bazaldua Jr. v. City of Lyford, Texas, 13-16-00004-CV (Tex.App— Corpus Christi, September 1, 2016) This is an age-discrimination case where the Thirteenth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Bazaldua was a … Continue reading

Quote

Amarillo Court of Appeals holds 1) no race discrimination when employer hires from same protected class, 2) broken ankle is not ADA disability in this case, 3) age difference alone is not enough

Arnold Jordan v. Tarrant County Hospital District d/b/a JPs Health Network, 07-16-00034-CV (Tex. App—Amarillo, August 2, 2016) This is an employment discrimination case where the Amarillo Court of Appeals affirmed the granting of the Hospital District’s summary judgment motion. Jordan … Continue reading