Failing to cross t’s and dot i’s leads to claim dismissal

The failure of a Harris County employee to pay attention to the small things led to a dismissal of one of his discrimination claims against the county. But the county’s alleged failure to pay attention to some big things is leading to a jury trial.

Facts

Bert W. Whittington, an African-American with a dark skin tone, worked for Harris County as deputy constable starting in January 2017. He claims one of his bosses led a small group—all of whom had light skin tones—that discriminated against him because of his dark skin. According to his complaint, the group:

• Repeatedly called him a horrific racial slur;
• Described African Americans as a “bunch of monkeys”;
• Called a police vehicle a “slave transport”;
• Declined to give him back up in the field, thereby endangering his life; and
• Instigated unwarranted investigations for allegedly poor police work, leading to his termination.

EEOC charge and lawsuit

As readers likely know, before filing a lawsuit, a grieved employee must first file an unlawful discrimination charge with the Equal Employment Opportunity Commission (EEOC),  placing the employer on notice of an issue in the workplace. The EEOC then investigates. This is called exhaustion of administrative remedies.