Case: Disability Discrimination/Retaliation (Tex. App.)

The Texas Court of Appeals reversed the trial court’s denial of a plea to the jurisdiction filed by the Texas Department of Public Safety on disability discrimination and retaliation claims under the Texas Commission on Human Rights Act brought by a former state trooper with progressive memory loss, finding that the trooper failed to establish a prima facie case for either claim because he couldn’t show his resignation occurred because of his disability and he filed his EEOC charge after his resignation, making it impossible to establish a causal link required to invoke the TCHRA’s limited waiver of sovereign immunity. ...