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How to ensure reasons for termination aren’t seen as pretext for retaliation



In June 2017, the assistant principal filed a discrimination charge with the Equal Employment Opportunity Commission. HCDE committed retaliation when it denied the benefits due to his opposition against the age and disability discrimination that another employee faced, he alleged. There was also racial discrimination when the school principal allowed the investigating officer to have a “false view” that the principal was the one who provoked the altercation, he added.

In October 2017, the principal brought a lawsuit against HCDE. He claimed violations of Texas Labor Code, the Texas Government Code, the Texas Constitution, and the Texas Whistleblower Act. He also filed a discrimination charge with the Texas Workforce Commission (TWC), where he argued that HCDE retaliated against him by denying him benefits under the law, workers’ compensation benefits, and assault leave.

In May 2018, HCDE’s board of trustees informed the assistant principal of its recommendation not to renew his term contract based on his failure to follow his supervisor’s directives.

Read more: Teacher accused of failing to prepare lesson plans, paperwork

In July 2018, the plaintiff filed a second discrimination charge with the TWC. He alleged discrimination based on race, color, and disability and retaliation for his acts of opposing racial and age discrimination against employees, opposing misconduct, making a criminal complaint against the student involved in the altercation, and filing grievances, appeals, and the lawsuit.

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