Author Archives: dholmes

Corpus Christi Court of Appeals: Charge of Discrimination Was Sufficient to Cover “Pattern and Practice” Claim

The Corpus Christi Court of Appeals considered the sufficiency of a charge of discrimination in a race discrimination case in Rincones v. WHM Custom Services, Inc., No. 13-11-00075-CV (Tex. App. — Corpus Christi May 2, 2013) (memorandum opinion). The plaintiff was an employee of WHM working at Exxon’s facility in Baytown.  The plaintiff took a… Read More »

Houston Federal Court: Age Discrimination Plaintiff Presented Sufficient Evidence of Pretext

Judge Sim Lake of the Southern District of Texas considered an age discrimination claim in Paulissen v. MEI Technologies, Inc., 2013 U.S. Dist. LEXIS 59175 (S.D. Tex. April 25, 2013). The plaintiff, who was 47 at the time of her hiring, was controller of MEI Technologies.  About a year after her 69-year-old supervisor was replaced by… Read More »

San Antonio Court of Appeals Rejects Race Discrimination Claim Because the Plaintiff Failed to Show That Other Employees Were Similarly Situated

The San Antonio Court of Appeals considered a race discrimination claim in Grice v. Alamo Community College District, No. 04-12-00524-CV (Tex. App. — San Antonio April 24, 2013) (memorandum opinion). The plaintiff was a black man who worked for ACCD in an administrative position.  He had a sexual relationship with a temporary employee who was initially… Read More »

Fifth Circuit to Decide Scope of the National Security Exemption Under Title VII

Title VII of the Civil Rights Act of 1964 contains a national security exemption, which prohibits any discrimination claim based on the denial or revocation of a security clearance.  The rationale for this exemption is that the federal agencies should not be required to defend the basis for security classification decisions in court.  The Supreme… Read More »

Texas Supreme Court to Decide Whether 17 Former Tyco Employees Are Entitled to Severance Pay

On Friday, the Texas Supreme Court granted the petition for review in Arsenio Colorado v. Tyco Valves and Controls, L.P., No. 12-0360.  The case involves the enforceability of employment contracts between Tyco Valves and 17 of its former employees (the Gimpel Employees).   The author is counsel for the Gimpel Employees. The 17 Gimpel Employees worked in… Read More »

The Supreme Court Holds That an Employer May Use Offers of Judgment to “Pick Off” the Class Representatives in an Overtime Suit, But Refuses to Decide the Key Mootness Issue

In a highly anticipated decision, the Supreme Court held today that an employer who is facing a potential collective action for unpaid overtime may use the offer of judgment procedure in Fed. R. Civ. P. 68 to “pick off” the class representatives and thus thwart the collective action.  Genesis Healthcare Corp. v. Symczyk, No. 11-1059… Read More »

EEOC’s Joint Employer Claim Against Valero Fails

In EEOC v. Valero Refining-Texas, L.P., 2013 U.S. Dist. LEXIS 42776 (S.D. Tex. March 13, 2013), Judge Costa considered the application of the “joint employer” doctrine to a disability discrimination claim brought by the EEOC. The facts of the case are simple and in fact fairly commonplace.  Valero operates a refinery in Texas City.  Valero hired… Read More »

EEOC Claims Against Bass Pro Outdoor World Survive Motion to Dismiss

In 2011, the EEOC commenced a proceeding against Bass Pro Outdoor World for racial discrimination.  The EEOC has alleged a wide range of racial remarks and slurs, but the cornerstone of the lawsuit is a comment by the owner of BPOW (Johnny Morris) in 2004 or 2005 at a meeting of Store General Managers.  When asked… Read More »

Austin Court of Appeals: The Date Listed on a Charge of Discrimination Limits the Scope of the Claim

The Austin Court of Appeals considered claims of race discrimination and sex discrimination by a probationary Austin firefighter in Booker v. City of Austin (March 13, 2013).  The specific discussion of the merits of the case is mundane.  If the facts recited by the court are accurate, then the plaintiff was doomed to lose. The potentially… Read More »

El Paso Court of Appeals Affirms Age Discrimination Verdict

The El Paso Court of Appeals considered an age discrimination claim in Williams-Pyro, Inc. v. Barbour (March 20, 2013).  A jury had found that the employer terminated the plaintiff because of her age, and the court affirmed. The plaintiff (Rhonda Barbour) worked for the company for 18 years.  In 2005, a new supervisor (Montalvo) began making age-related… Read More »