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TSU and two Ps: F on discrimination claim

December 2023 employment law letter
Authors: 

Michael P. Maslanka, UNT-Dallas College of Law

I know this sounds like the tiles drawn in Scrabble, but it’s much more. Let’s decipher.

Law school professor in conflict with her school  

Deana Pollard Sacks, a tenured professor at the school of law at Texas Southern University (TSU) in Houston, filed a lawsuit against the school claiming a constructive discharge—that is, she was forced to resign because the school made her working conditions intolerable because of  her race.

But employees can’t just resign and manufacture a claim; they must act reasonably. Otherwise, they’d be able to just pop out viable lawsuits at will. So, the federal court of appeals covering Texas requires employees claiming a constructive discharge to produce evidence along these lines to justify their resignation:

·     A demotion

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