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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

City of Austin v. Chandler

The Appellees, a group of public safety officers over the age of 40 from the City of Austin's defunct Public Safety Emergency Management Department (PSEM), sued the City for age-based employment discrimination. They alleged that the consolidation of PSEM into the Austin Police Department (APD) disparately impacted older PSEM employees by stripping them of their years of service. A jury found in favor of the Appellees, and the trial court awarded damages, including back pay and placement on the APD pay scale consistent with their years of service. On appeal, the City challenged the judgment on five grounds, including jurisdiction, sufficiency of evidence for disparate impact, whether a reasonable factor other than age was established, and the award of overtime pay damages. The appellate court affirmed the trial court's judgment, concluding that the Appellees had exhausted administrative remedies, established a prima facie case of age-based disparate-impact discrimination, and that the City failed to prove its employment decision was based on reasonable factors other than age.

Age DiscriminationEmployment LawDisparate ImpactSeniority RightsPublic SafetyMunicipal LawConsolidationAdministrative ExhaustionSufficiency of EvidenceJury Instructions
References
30
Case No. MISSING
Regular Panel Decision

Stratton v. DEPARTMENT FOR AGING CITY OF NEW YORK

Plaintiff Joyce Stratton sued the New York City Department for the Aging (DFTA) and Commissioner Prema Mathai-Davis for age discrimination and retaliation after her termination at age 61 and failure to be rehired. A jury found for Stratton, awarding $500,000 in damages, determining age was a factor and the non-rehire was retaliatory and willful. Defendants moved for judgment as a matter of law and a new trial, arguing insufficient evidence, erroneous admission of statistical evidence, and excessive damages. Plaintiff cross-moved for front pay and restoration of benefits. The court denied defendants' motions for judgment as a matter of law and new trial regarding statistical evidence. The motion for a new trial due to excessive damages was denied on condition that plaintiff accept a remittitur reducing the award from $500,000 to $373,886.23. Plaintiff's motion for front pay and benefits, totaling $378,000, was granted.

Age DiscriminationRetaliationEmployment LawJury VerdictPost-trial MotionsJudgment as a Matter of LawNew TrialRemittiturFront PayBack Pay
References
30
Case No. MISSING
Regular Panel Decision
Apr 08, 2016

Tex. Dep't of Aging & Disability Servs. v. Lagunas

The Texas Department of Aging and Disability Services (DADS) appealed the denial of its plea to the jurisdiction in a case filed by Michael Lagunas. Lagunas, a 60-year-old security officer at DADS' El Paso State Supported Living Center, applied for an Assistant Unit Director position. Although initially selected for the role, the Director, Laura Cazabon-Braley, intervened and prevented his hiring, allegedly due to his age, and later reorganized the department, creating new positions for which Lagunas was not qualified. Lagunas filed charges of discrimination, alleging age discrimination and subsequent retaliation. The appellate court partly sustained DADS' appeal, ruling that certain claims in Lagunas' amended petition were administratively unexhausted and untimely, and thus should be dismissed for lack of jurisdiction. However, the court overruled DADS' contention that Lagunas failed to establish a prima facie case for the failure to hire/promote claim, and remanded that portion of the case for further proceedings.

Age DiscriminationFailure to PromoteRetaliationPlea to JurisdictionSovereign ImmunityTexas Commission on Human Rights Act (TCHRA)Administrative ExhaustionPrima Facie CaseMcDonnell Douglas Burden-ShiftingDepartment Restructuring
References
48
Case No. 08-23-00177-CV
Regular Panel Decision
Aug 30, 2024

Texas Department of Aging and Disability Services v. Claudia Gomez

The Texas Department of Aging and Disability Services (DADS) terminated Claudia Gomez, alleging she physically assaulted a coworker; Gomez contended the termination was discriminatory based on age, gender, and disability. The trial court denied DADS's plea to the jurisdiction regarding Gomez's discrimination claims. On appeal, the court found Gomez failed to present evidence of a similarly situated comparator, thus not establishing a prima facie case for age, gender, or disability discrimination. Furthermore, Gomez did not demonstrate that DADS's stated reason for termination was a pretext for discrimination. Consequently, the appellate court reversed the trial court's decision and dismissed Gomez's claims for lack of jurisdiction.

DiscriminationAge DiscriminationGender DiscriminationDisability DiscriminationEmployment LawTerminationPretextPrima Facie CaseSovereign ImmunityTexas Labor Code
References
30
Case No. MISSING
Regular Panel Decision

Cunningham v. Central Beverage, Inc.

Plaintiffs C. H. Cunningham and Edwin C. Watkins alleged age discrimination by Central Beverage, Inc. under the ADEA. Cunningham was terminated, and Watkins was demoted, both purportedly due to age by General Manager George Wood. The court applied the 'determining factor' standard, finding that age was not the determining factor in Cunningham's termination, as he would have been let go regardless. However, the court found that age was a determining factor in Watkins' demotion, as his new boss desired a younger employee. The decision delves into the differences between ADEA and Title VII standards for discrimination cases. Ultimately, the court ruled that Central Beverage violated ADEA as to Watkins but not as to Cunningham.

Age DiscriminationEmployment TerminationDemotionADEADetermining FactorTitle VII ComparisonJudicial StandardsEqual OpportunityEmployer LiabilityEmployee Rights
References
14
Case No. 13-14-00113-CV
Regular Panel Decision
Apr 30, 2015

Texas Health and Human Services Commission and the Texas Department of Aging and Disability Services v. Jose P. Baldonado

The case involves an appeal from the denial of a plea to the jurisdiction by the Texas Health and Human Services Commission (HHSC) and the Texas Department of Aging and Disability Services (DADS). Appellee Jose P. Baldonado sued for age discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) after being denied a position by HHSC and subsequently terminated by DADS. Appellants argued a lack of subject matter jurisdiction, asserting Baldonado failed to establish a prima facie case for both claims and did not exhaust administrative remedies against DADS. The Court of Appeals for the Thirteenth District of Texas affirmed the trial court's decision, concluding that Baldonado raised sufficient fact questions regarding his qualifications, the causal link for retaliation, and the exhaustion of administrative remedies. The court highlighted DADS's status as an agency within HHSC and its participation in the administrative complaint process as evidence of proper notice.

Employment DiscriminationAge DiscriminationRetaliationPlea to JurisdictionTCHRAPrima Facie CaseAdministrative RemediesSovereign ImmunityInterlocutory AppealTexas Court of Appeals
References
25
Case No. M2019-01690-COA-R3-CV
Regular Panel Decision
Oct 30, 2020

Terry Wallace v. City of Lewisburg, Tennessee

Former city employee, Terry Wallace, sued the City of Lewisburg for age discrimination under the Tennessee Human Rights Act after his termination in 2010. Wallace, an industrial recruiter, claimed he was fired due to his age (born in 1947), which the city denied, stating it was due to job performance dissatisfaction by city council members and economic sluggishness. The trial court dismissed Wallace’s complaint, finding age was not a determining factor. Wallace appealed, challenging the exclusion of evidence, contradictory testimony, and the trial court's finding on age discrimination. The Court of Appeals affirmed the trial court's judgment, concluding that Wallace failed to prove that age was a determining factor in his termination, and that evidence pointed more towards political hostility and financial pressures.

Age DiscriminationEmployment TerminationTennessee Human Rights ActAppealJob PerformanceCity CouncilEconomic ConditionsPretextCausationMcDonnell Douglas
References
35
Case No. MISSING
Regular Panel Decision

Toennies v. Quantum Chemical Corp.

Ralf Toennies sued Quantum Chemical Corporation for wrongful discharge, alleging age discrimination after his termination at age 55. The core dispute revolved around the jury charge: Toennies argued for "a motivating factor" standard for age in his discharge, citing Texas Labor Code § 21.125, while the trial court used "because of." The jury's confusion over the causal standard was evident in their notes seeking clarification, which the judge did not provide. The appellate court ruled that the trial court's use of the ambiguous "because of" instruction, rather than "a motivating factor," constituted reversible error as it likely led to an improper judgment. Consequently, the appellate court reversed the trial court's decision and remanded the case for further proceedings.

Employment DiscriminationAge DiscriminationWrongful DischargeJury InstructionMotivating FactorCausationTexas Labor CodeJury ConfusionBut-For CausationAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

Donaldson v. Texas Department of Aging & Disability Services

David Donaldson appealed a trial court's summary judgment in favor of the Texas Department of Aging and Disability Services (DADS) on claims of race and disability discrimination, retaliation, and hostile work environment under the TCHRA and Title VII. Donaldson, an African-American employee diagnosed with multiple conditions including prostate cancer and PTSD, alleged DADS failed to accommodate his disabilities and discriminated against him through various adverse actions, culminating in his termination. The appellate court affirmed the summary judgment for DADS on the race discrimination, retaliation, and hostile work environment claims, finding insufficient evidence of discriminatory intent or materially adverse actions in those areas. However, the court reversed and remanded the reasonable accommodation claim, concluding that Donaldson presented a fact issue regarding DADS's failure to provide continued assistance for his disabilities despite initial accommodations. This decision partially reverses the trial court's judgment, necessitating further proceedings on the reasonable accommodation aspect of the disability discrimination claim.

DiscriminationRetaliationHostile Work EnvironmentDisability DiscriminationRace DiscriminationReasonable AccommodationSummary JudgmentTexas Commission on Human Rights ActTitle VIIEmployment Law
References
83
Case No. MISSING
Regular Panel Decision

Texas Department of Aging & Disability Services v. Beltran

Rosa Maria Beltran filed a workers' compensation claim after sustaining job-related injuries while employed by the Texas Department of Aging and Disability Services. Her employment was subsequently terminated on March 31, 2008, leading her to sue the Department for wrongful discharge, alleging retaliation for filing her claim under the Anti-Retaliation Law. The Department filed a plea to the jurisdiction, asserting sovereign immunity. The trial court denied this plea, and the Department appealed. The appellate court affirmed the trial court's decision, ruling that the Legislature had clearly and unambiguously waived sovereign immunity for state agencies in retaliatory discharge claims under the Anti-Retaliation Law and the State Applications Act, consistent with established legal precedent.

Workers' CompensationRetaliationWrongful TerminationSovereign ImmunityWaiver of ImmunityStatutory InterpretationAppellate ReviewPlea to JurisdictionTexas Labor CodeGovernmental Immunity
References
14
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