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FYI -----Original Message----- From: V&E Newsletter <dtexar@velaw.com<@ENRON [mailto:IMCEANOTES-V+26E+20Newsletter+20+3Cdtexar+40velaw+2Ecom+3E+40ENRON@ENRON.com] Sent: Thursday, March 15, 2001 5:15 PM To: Derrick Jr., James Subject: Vinson & Elkins Labor & Employment e-LERT VINSON & ELKINS LABOR & EMPLOYMENT E-LERT ___________________________________________________________ Disregarding some federal cases to the contrary, the Supreme Court of Texas has held that the correct standard of causation applicable in all TCHRA discrimination cases is the "motivating factor" standard. Accordingly, the Court found that the trial court erred by refusing to give a "motivating factor" instruction in this pretext case. Prior federal court decisions addressing Title VII "pretext" cases had required a plaintiff to demonstrate that the protected characteristic was a "determining factor" in the decision at issue. These federal cases indicated that the "motivating factor" standard was applicable only to "mixed motive cases" in which the plaintiff had direct evidence of discrimination. Also troubling for Texas employers is the Court's secondary holding regarding the plaintiff's evidence of age discrimination. The company terminated the plaintiff's employment for documented poor performance. Because the plaintiff offered anecdotal evidence from co-workers suggesting that he was a good performer, the court determined that he had produced sufficient evidence of pretext to get to the jury, citing Reeves v. Sanderson Plumbing Prods. Inc., 120 S.Ct. 2097 (2000). As suggested by the dissenting judges, this holding could mean that a plaintiff can avoid summary judgment in a poor performance case by producing some evidence of positive performance feedback For a detailed summary of the decision, please see http://www.velaw.com/pubs/labor/laboralert03-01b.htm ___________________________________________________________ If you have any problems receiving the Labor & Employment e-LERT via e-mail or have any comments, please direct such to Candace Pinnell at mailto:cpinnell@velaw.com. Please do not "Reply" to this e-mail. ___________________________________________________________ HOW TO SUBSCRIBE OR UNSUBSCRIBE To subscribe to Vinson & Elkins Labor & Employment E-LERT please e-mail your name, title, organization, address, fax number, voice number, and e-mail address to Candace Pinnell at mailto:cpinnell@velaw.com To unsubscribe to Vinson & Elkins Labor & Employment E-LERT please mailto:cpinnell@velaw.com with the subject line: remove. ___________________________________________________________ Your email address for newsletter delivery: james.derrick@enron.com ++++++CONFIDENTIALITY NOTICE+++++ The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank You
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