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Failing to list all facts results in employer win

December 2024 employment law letter
Authors: 

Michael P. Maslanka, UNT-Dallas College of Law

Employees alleging a hostile work environment must list all the facts supporting their claims. After all, employers are entitled to know all the allegations against them—it’s only fair. A new case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) stands for these propositions, so read on for the details.

Racial slur used

Anthony Woods claimed a racial epithet was directed at him—in front of coworkers—by his immediate supervisor on June 22, 2018. He filed an internal grievance, and his employer investigated. The supervisor received a suspension and was required to attend training.

Stating that he was “satisfied with this disciplinary action,” Woods took no further action, but he was fired on August 23, 2019. He then filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) on October 21, 2019, alleging a hostile work environment and later filed his lawsuit alleging violations of Title VII of the Civil Rights Act of 1964.

Incomplete and untimely charge

The details matter.

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