Workplace Retaliation Matter Decided by Texas Court
The San Antonio Court of Appeals recently ruled in a workplace retaliation matter. Martinez v. Wilson County, No. 04-09-00233-CV (Tex. App.—San Antonio January 13, 2010, no pet. h.), available at http://www.4thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=22680.
The plaintiff alleged she had been wrongfully terminated for complaining about a gender-based hostile work environment. Her employer alleged that the plaintiff’s employment had been terminated for misconduct. The trial court granted summary judgment for the employer.
To prove a retaliation claim, a plaintiff must show: (1) she engaged in a protected activity; (2) an adverse action occurred; and (3) a causal connection exists between the plaintiff’s participation in a protected activity and the adverse employment action. Protected activities include: (1) opposing a discriminatory practice; (2) making or filing a charge of discrimination; (3) filing a complaint; or (4) testifying, assisting or participating in any manner in an investigation, proceeding or hearing. Here, the plaintiff complained of a hostile work environment, but she did not suggest that her concerns were gender-related. Because her complaints did not put her employer on notice that she had gender-related concerns and because the content of her complaints would not support an inference that she was engaging in a protected activity, the plaintiff could not show that she engaged in a protected activity. Thus, summary judgment was appropriate.
To speak to an attorney who handles discrimination law questions, please contact the employment law lawyers at Clouse Dunn Khoshbin LLP at info@cdklawyers.com.
Press Release Contact Information:
KEITH A. CLOUSE
Clouse Dunn
Khoshbin LLP
214.220.2722
214.220.3833 ( fax)
keith@cdklawyers.com
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
