Verdicts

The city of Houston agreed to pay $875,000 to settle a wrongful-termination suit that was filed by a veterinarian who was formerly employed by the city's kennel. The vet alleged that he was fired by the city in retaliation for reporting animal abuse at the kennel. In 2002, a jury found retaliation, and the vet was awarded about $1.2 million. The verdict was affirmed on appeal, though the prejudgment interest on the award was reduced. In lieu of pursuing further appeals, the city opted to settle the case for $875,000.

City of Houston v. Sam Levingston, D.V.M., No. 01-03-00678-CV (Tex. App. ' Houston [1st Dist.], Jan. 19, 2006), NO. 01-03-00678-CV, Court Of Appeals Of Texas, First District, Houston , 2006 Tex. App. LEXIS 6638, July 27, 2006.

Discrimination and ADA Claims

Lack of evidence of race-based animus or impairment-limiting life activity recently supported dismissal of wrongful termination suits. The pro se plaintiff, a black woman, worked at Liz Claiborne Inc. (LCI) from January 1998 until she was dismissed on Sept. 10, 1999, for poor work performance. She filed two lawsuits: In 2000, she alleged racial discrimination violating Title VII of the Civil Rights Act; in 2003, she claimed discrimination, due to depression and allergies, violating the Americans with Disabilities Act and the Family Medical Leave Act. She raised claims of a hostile work environment and disparate treatment, and alleged that she was dismissed in retaliation for reporting the discrimination. Adopting a magistrate judge's recommendation, the court summarily dismissed both suits. Finding the record devoid of evidence that the plaintiff's termination was due to other than unsatisfactory job performance and a volatile temperament, it ruled that she failed to make a prima facie case of wrongful termination due to race-based animus and also found no basis to conclude that the plaintiff's impairments substantially limited the major life activity of working. Riddle v. Liz Claiborne Inc., 00 Civ. 1374, (S.D.N.Y., October 26, 2006).

City Pays Vet for Wrongful Termination

The city of Houston agreed to pay $875,000 to settle a wrongful-termination suit that was filed by a veterinarian who was formerly employed by the city's kennel. The vet alleged that he was fired by the city in retaliation for reporting animal abuse at the kennel. In 2002, a jury found retaliation, and the vet was awarded about $1.2 million. The verdict was affirmed on appeal, though the prejudgment interest on the award was reduced. In lieu of pursuing further appeals, the city opted to settle the case for $875,000.

City of Houston v. Sam Levingston, D.V.M., No. 01-03-00678-CV (Tex. App. ' Houston [1st Dist.], Jan. 19, 2006), NO. 01-03-00678-CV, Court Of Appeals Of Texas, First District, Houston , 2006 Tex. App. LEXIS 6638, July 27, 2006.