LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

Favorable Appellate Decision Ends a Federal Employment Discrimination Case

Steve Mooney and Matt Gomes recently obtained a favorable appellate decision that ended a federal employment discrimination and retaliation lawsuit in Laredo, Texas.

The United States Court of Appeals for the Fifth Circuit affirmed the trial court’s decision granting summary judgment to the firm’s client in a case involving claims of sex discrimination in violation of Title VII of the Civil Rights Act of 1964, age discrimination in violation of the Age Discrimination in Employment Act, disability discrimination in violation of the Americans with Disabilities Act, and retaliation in violation of the Family and Medical Leave Act.  The plaintiff was a former Sales Manager who was terminated after customer complaints; in particular, several employees of the customer complained that the plaintiff threatened them that she would use her romantic relationship with a high-ranking executive of the customer to get them fired unless they did as she ordered them.

 In its decision, the court of appeals quoted liberally from the Firm’s brief, finding that the plaintiff’s Title VII, ADEA and ADA claims were untimely.  The court also found that the company had a legitimate non-discriminatory reason for the plaintiff’s termination and that she did not provide sufficient evidence that the company’s non-discriminatory reason was merely pretextual.

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