Daniel Graves Obtains Complete Dismissal in Two-Day Arbitration
May 31, 2023
Dallas attorney Daniel Graves obtained a complete dismissal of all Plaintiff’s claims in a two-day arbitration in an employment matter. The Arbitrator also confirmed his order of sanctions against Plaintiff to be paid to our client.
Daniel represented our client, an employer with more than 95,000 employees nationwide, in an arbitration brought by a former employee who alleged claims of racial discrimination, sex discrimination, hostile work environment, and retaliation under Title VII. At the final arbitration hearing, Daniel was able to argue and prove that our client had a legitimate, non-discriminatory reason for terminating Plaintiff, namely that there was a meritorious allegation of sexual harassment against Plaintiff. He further argued that Plaintiff’s contention that such the given reason was pretextual or false was not supported by the evidence in the case.
Ultimately, the arbitrator found that the alleged actions complained of by the Plaintiff were not discriminatory in that they were not motivated by his race or his sex. The arbitrator also found that the Plaintiff could not prevail on his harassment claim because there was no credible evidence that the complained of conduct was sufficiently severe and pervasive as to interfere with the Plaintiff’s ability to perform his job. As to the retaliation claim, the arbitrator held that the actions complained of by Plaintiff did not constitute retaliation because neither resulted in an adverse employment action against him. Throughout the hearing, and especially on cross-examination, Daniel was able to show that there was no credible evidence to suggest that our client’s reason for terminating Plaintiff (the sexual harassment allegation) was pretextual or false.
The arbitrator held that our client had no liability to Plaintiff and all claims were dismissed. Daniel further obtained an award of sanctions to be paid by Plaintiff to our client as a result of the Plaintiff’s abusive tactics throughout the arbitration process.