Declaratory Judgments, Employment Law, Retaliation

Plaintiff was aware of facts which would have led a reasonable person to inquire as to why she was not hired but waited until TWC deadline passed; court properly granted plea to the jurisdiction

Sheryl Taylor v. State of Texas and Texas Department of Criminal Justice 11-13-00207-CV (Tex. App. –Eastland, July 24, 2015) This is a retaliation case brought under the Texas Labor Code in which the Eastland Court of Appeals affirmed the granting of the
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

180 day deadline to file charge of discrimination runs from date of adverse action, not the date employee discovers action is discriminatory says Austin Court of Appeals

Austin Independent School District v. Andrew Lofters, 03-14-00071-CV (Tex. App. – Austin, April 1, 2015) In this race discrimination/retaliation case the Third Court of Appeals reversed the denial of the a plea to the jurisdiction for failure to exhaust administrative remedies. Lofters,
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Sgt. “rant” on Facebook about Chief was not speaking about matter of public concern, so no First Amendment protection says 5th Circuit.

Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). This is a First Amendment employment retaliation case where the 5th Circuit affirmed the granting of the City’s summary judgment motion. Graziosi was a sergeant of 25 years with
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Ex-employee must pay attorney’s fees for frivolous discrimination claims; no adverse employment action occurred and law is clear supervisors are not liable

Tammy Anderson v. Houston Community College System, 01-14-00062-CV (Tex. App. – Houston [1st Dist.], January 13, 2015) This is a discrimination/retaliation case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals affirmed the granting of MSJs for
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Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Mayor entitled to qualified immunity in First Amendment employment case; Police chief’s report to outside agency was not his action as a citizen but remained within his job duties

Gibson v. Kilpatrick, No. 12-60905 (5th Cir. December 11, 2014). This is a First Amendment in employment matter case where the 5th Circuit reversed the denial of the Mayor’s qualified immunity defense. Chief of Police Gibson reported Mayor Kilpatrick of Drew, Mississippi
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