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


Chief Justice of 13th Court of Appeals not entitled to qualified immunity in First Amendment retaliation in employment suit by staffing attorney

Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a … Continue reading


Ex-Police Chief’s suit against Mayor was not “matter of public concern” in relation to Chief’s suit against City under First Amendment

Gibson v. Kilpatrick,15-60583(5th Cir. September 20,2016) This is a First Amendment retaliation in employment case where the U.S. Court of Appeals for the 5th Circuit held the employee’s speech was not on a matter of public concern. This is a … Continue reading


Employee unable to establish terminating supervisor was aware of First Amendment activity, so summary judgment for employer was proper

Kristi Dearman v. Stone County School District, 15-60506 (5th Cir. August 11,2016) This is a First Amendment and procedural due process employment case where the U.S. Fifth Circuit affirmed the granting of the employer’s summary judgment motion. Dearman was an … Continue reading


Employee’s retaliation claim dismissed since she became ineligible for her position due to a lapse in nursing license

University of Texas Southwestern Medical Center v. Kimberly A. Saunders, 05-15-01543-CV (Tex. App—Dallas, July 13,2016) This is an employment dispute where the Dallas Court of Appeals rendered judgment for the University based on a plea to the jurisdiction. Saunders was … Continue reading


County employee entitled to proceed with “regarded as” disability claim after completing treatment for tuberculosis; all other claims dismissed under plea to the jurisdiction

El Paso County, Texas v. Mary Lou Vasquez 08-15-00086-CV  (Tex. App.- El Paso, May 5th 2016) This is an employment discrimination/retaliation case where the El Paso Court of Appeals reversed in part and affirmed in part the denial of the … Continue reading


U.S. Supreme Court holds, in matter of first impression, police officer is protected by 1st Amendment even though he did not engage in protected activity

Heffernan v. City of Paterson 14-1280 (U.S. April 26, 2016) This is a First Amendment in employment §1983 cause of action which appears to be a case of first impression. The United States Supreme Court held that even though a … Continue reading

Mandatory wellness program was not seeking genetic information so no violation of the Genetic Information Nondiscrimination Act says 5th Circuit.

Ortiz v. City of San Antonio Fire Department No. 15-50341 (5th Cir. November 17, 2015). This is an appeal from the granting of the City’s summary judgment motion which the Fifth Circuit Court of Appeals affirmed in this genetic and … Continue reading

15 days of notice sufficient for court to hear plea to the jurisdiction says Dallas Court of Appeals

Thornton v. City of Plano, Texas, 05-14-01120-CV (Tex. App. – Dallas, November 2, 2015). This is a gender discrimination/retaliation case where the Dallas Court of Appeals affirmed the order granting the City’s plea to the jurisdiction. Thorton was a Plano … Continue reading