“[The investigator] testified that a portion of the hours she found Dow to have been overbilled was in the form of employees arriving late, leaving early, and taking breaks. (Id. at pp. 113—15). [The investigator] stated that the contract between Axion and Dow did not permit Axion to bill Dow for its employees’ breaks. (Id.).
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When Plaintiff actions are consistent with the instruction of her manager, there is a question of fact as to whether the employer’s asserted reason for termination is “false or ‘unworthy of credence’” when the employer alleges those actions as the basis for termination.
In claims seeking lost wages and compensatory damages, documents showing Plaintiff’s earnings while working for any previous employers are not relevant.
In a same-sex sexual harassment case, touching a co-worker in a sexual manner on three separate occasions, asking “when are you going to give me some,” and statements by the harasser that they would rather be with someone of the same sex, as opposed to someone of the opposite sex, creates a genuine issue of fact for the jury.
Difference between age sixty and fifty-one is sufficient to be considered “substantially younger” for the purpose of establishing a prima facie case of age discrimination under the TCHRA and for a trial court to deny a plea to the jurisdiction.
Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.
Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination.
Evidence that hiring decisions were based on qualifications not found in the job posting is evidence of pretext.
Where Plaintiff applies for seven positions and is never interviewed for five of them, a jury reasonably could determine that it was not a mere coincidence that Plaintiff was denied interviews.
An employer’s failure to interview a candidate with exemplary qualifications, pertinent experience, and excellent performance reviews may be used to show pretext.
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