Category Archives: Age Discrimination

Austin Court of Appeals Affirms Disparate Impact Judgment in Age Discrimination Case

Thirty-three City of Austin employees sued for age discrimination, claiming that the terms of their transfer from a defunct department to the Austin Police Department had a disparate impact on older workers. They won the case to a jury. On February 7, 2014, the Austin Court of Appeals affirmed the judgment in City of Austin… Read More »

Fifth Circuit Addresses Damages in an Age Discrimination Case

The Fifth Circuit considered an age discrimination case in Miller v. Raytheon Co., No. 11-10586 (5th Cir. May 2, 2013) (published).  The most interesting aspect of the decision is the Fifth Circuit’s rulings on the various categories of damages. The facts are fairly straightforward.  The plaintiff worked for Raytheon for around 30 years in supply… 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 »

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 »

Beaumont Court of Appeals: Age Discrimination Claim Accrued When Layoffs Were Announced, Not When They Occurred

The Beaumont Court of Appeals considered an age discrimination claim in Floersheim v. Motiva Enterprises, LLC, which was decided on March 28, 2013. The employer laid off the plaintiff from his job at a factory.  The plaintiff later filed a charge of discrimination based on age with the Texas Workforce Commission.  The employer moved for… Read More »

Fifth Circuit: Parking Attendant Applicant Failed to Show Pretext When Denied a Job Based on Graded Interviews

Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection processes that are based on graded interviews.  In another case decided just a week ago, the Fifth Circuit rejected race and national origin discrimination claims in… Read More »

Fifth Circuit Finds Evidence of Pretext in a Supervisor’s Expression of Animus Against Older Employees and Applies the “Cat’s Paw” Rule

The Fifth Circuit is often unsympathetic to appeals from summary judgments against employees in discrimination cases.  However, on February 1, 2013, we saw an exception, when the Fifth Circuit overturned a summary judgment in Chambers v. Sodexo, Inc., No. 12-60232 (5th Cir. Feb. 1, 2013) (not for publication). This was an age discrimination case.  The plaintiff… Read More »

Texas Supreme Court: No Prima Facie Case When the Plaintiff Is Replaced by an Older Worker

The Texas Supreme Court has decided few employment discrimination cases.  One of the most significant cases that the Texas Supreme court has decided is Mission Consolidated Independent School District v. Garcia, 372 S.W.3d 629 (Tex. 2012).  This was an age discrimination case decided under Chapter 21 of the Texas Labor Code.  (For some peculiar reason,… Read More »