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· 1/6/2015

City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “smoking guns are hard to come by” in discrimination and unlawful retaliation cases
  • holding that a “remedy only exists for retaliation when the evidence establishes that a materially adverse employment action resulted from the employee’s protected activities.”
  • recognizing that quid pro quo harassment requires a showing that the “harasser demands sexual favors as a condition for granting employment or its benefits.”
  • recognizing that the issue is “whether the employer’s perception of the [employee’s] problems--accurate or not--was the real reason for termination.”
  • holding that the employee’s subjective belief that her harasser looked at her in a “creepy” manner and was “hitting on her” could not raise a fact issue
  • recognizing that, as a “companion to its anti-discrimination provision, the TCHRA prohibits retaliation against an employee for engaging in certain protected 8 activities, such as reporting sexual harassment.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.