Motion for summary judgment granted in an employment discrimination case

Dallas partner Barry Moscowitz was granted a motion for summary judgment and all of the plaintiff’s claims were dismissed in an employment discrimination case.

Background

The plaintiff alleged disability discrimination and unlawful retaliation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and Texas Labor Code. After the plaintiff suffered a back injury, he alleged he was demoted because of the injury. However, the employer maintained he was demoted due to poor performance, which led to a loss of clients. At court ordered mediation, the sides were unable to reach an agreement. Therefore, Barry and Jordan drafted a motion for summary judgment asking the court to dismiss all of plaintiff’s claims because plaintiff lacked any evidence showing that he was terminated for any other reason than poor performance. The court agreed and dismissed all of the claims.

Analysis

The court found that the plaintiff did not have any evidence to support his claims of disability discrimination or unlawful retaliation. Further the court found that the plaintiff failed to provide sufficient evidence from which a jury could conclude that the real reason he was demoted was not complaints about his performance, but discrimination on account of his disability.

The case is John Hancock v Securitas Security Services USA, Inc., Cause No. SA-20-CV-00785-ESC, United States District Court for the Western District of Texas, San Antonio Division.