Discrimination Scenarios

Question 1

Fadeyi is a black female who was employed by Planned Parenthood for seven years. She alleges that Planned Parenthood treated her differently because she was black. Specifically, scheduling her differently then other employees and the executive director giving her and another black employee an application for membership with the Ku Klux Klan. Fadeyi wants to file State and Federal Complaints. Her employer may or may not have 15 employees during the relevant times, what can she file if they do and what if they do not have 15 employees, is she out of luck?

Answer 1

She should file potentially,

IF 15 EMPLOYEES

Federal -Title VII - Discrimination for Race (2 year limit for damages) –Analyze the facts for whether she has Disparate Treatment (individual) or (systematic), Disparate Impact (neutral policy applied in discriminatory manner), Hostile Work Environment, Retaliation

Texas State Law Claims (2 year limit for damages)-Discrimination under the Texas Commission of Human Rights Act (similar claims as Title VII)

IF LESS THAN 15 EMPLOYEES In additional to Title VII, file a

Section 1981 Claim (2 types available) (4 YEAR LIMIT FOR DAMAGES!!!!) (No administrative remedies, no damage cap, Cannot bring claim against federal employer, and against public employer - only if Section 1983 is INVOKED as the mechanism) - 1981 Claim covers “conduct at the initial formation of the contract and conduct which impairs the right to enforce contract obligations through legal process” including “making performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship”

• Intentional Discrimination (NO DISPARATE IMPACT CLAIMS)
• Retaliation
• Fadeyi v. Planned Parenthood (5th Cir. 1998) - Court held that Texas at-will employment relationship is a contract for purposes of Section 1981

Question 2

African American employee, Moore, was terminated from her position as a billing specialist at a State Hospital after $100 of departmental money went missing from her desk when she left her office to heat up her lunch in the lunch room. Moore had been trained not to leave money on the desk and was part of her duties. Moore felt that another employee Stacy who was a white employee also left money unsecured that went missing was treated more favorably b/c she was not fired and no disciplinary asction had been taken. Stacy had left the money in a drawer that was often unsecured and multiple people have access to it with the petty cash. She feels she was treated differently because of her race, can she file under Title VII? TCHRA? Any other claims?

What is a key issue in this case?

Answer 2

Moore v. University Mississippi Medical (5th Cir. 2018) (not published)

If this was Texas - Yes, TCHRA (if filed within 180 days)

Federal - Title VII and Section 1981

Key Issues in this case:

1. COMPARATOR ISSUE: White comparator - Was a Patient Services Coordinator that had different responsibilities than Moore (billing specialist) and not taken under “NEARLY IDENTICAL CIRCUMSTANCES” as billing specialist (Moore) directly violated hospital’s cash policy and her own and her own training by leaving patient cash unsecured and sitting on her desk while away from her office, while Comparator did not violate petty cash policy by leaving her petty cash unsecured
   2.