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Madden v. El Paso ISD, __ S.W.3d __, 2015 WL 4480871 (Tex. App. – El Paso 2015).

Facts: The teacher sued the school district for discrimination and retaliation under the Texas Commission on Human Rights Act. She claimed that her teaching assignment was changed from a math teacher to a combination of mostly Spanish and one math class, the district delayed paying her a math stipend, and she experienced excessive walkthroughs after she complained about the change in teaching assignments in a charge of discrimination filed with the Equal Employment Opportunity Commission. She claimed discrimination based on her Mexican origin and alleged that males were hired over her to teach math classes. When the trial court granted a pretrial judgment in favor of the school district, the teacher appealed.

Holding: The appeals court upheld the dismissal of the teacher’s discrimination and retaliation suit. The district was able to show legitimate reasons for its decisions to reassign her. The record showed that the woman was the only teacher certified in Spanish and her contract allowed the reassignments that she received. Two Spanish teachers left the school and so she was selected to teach the Spanish classes. The teacher presented no evidence showing that the employment decisions were based upon her national origin or her sex. She also failed to connect any alleged adverse actions to her EEOC charge of discrimination. Thus, the court of appeals affirmed the judgment in favor of the district.



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