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Maintenance assistant, 47, said boss thought he was too old

Amount:

$254,440

Type:

Verdict-Plaintiff

State:

Texas

Venue:

El Paso County

Court:

El Paso County District Court, 171st

Case Type:

Civil Rights; Employment – Age Discrimination, Wrongful Termination; Discrimination – Age Discrimination

Case Name:

Genaro Flores v. Texas Department of Transportation,
No. 2014-DCV1263

Date:

January 12, 2017

Parties

Plaintiff(s):

Genaro Flores (Male, 47 Years)

Plaintiff Attorney(s):

Carlos Eduardo Cardenas;

El Paso,
TX,
for
Genaro Flores ■ John P. Mobbs;

El Paso,
TX,
for
Genaro Flores ■ George P. Andritsos;

El Paso,
TX,
for
Genaro Flores

Defendant(s):

Texas Department of Transportation

Defense Attorney(s):

Amy Kovar Owens;
Office of the Attorney General;
Austin,
TX,
for
Texas Department of Transportation ■ Esther Fraser;
Office of the Attorney General;
for
Texas Department of Transportation ■ Mylan Shaunfield;
Office of the Attorney General;
Austin,
TX,
for
Texas Department of Transportation

Facts:

On July 31, 2013, plaintiff Genaro Flores, 47, a maintenance assistant for the state Department of Transportation, was fired. The department said he was fired for policy violations. Flores sued the transportation department under the Texas Labor Code for age discrimination. Flores had been hired by the department as a maintenance worker in August 1994 and was later promoted to maintenance assistant. His performance was outstanding, he claimed, but in 2012, he was given a new supervisor, who allegedly placed him under additional scrutiny and started criticizing his work performance. Flores denied violating any policy or doing anything to warrant disciplinary action and said the reason given for his termination was a pretext for discrimination. One of the last write-ups Flores received was for failing to have his crews use a crash-attenuator truck during a particular job. Flores’ attorney emphasized that Flores had ordered the truck, but that it never arrived. He added that the department had no written policy on the use of such trucks. Flores claimed that the district engineer for his district attended a meeting of district engineers from around the state, and one of the topics of discussion was that the department’s workforce was getting too old. Flores also claimed that his replacements were substantially younger than he was, and that at least six other over-40 workers in the department were disciplined, transferred, forced to retire or terminated around the same time he was. The transportation department denied discrimination and contended that Flores was terminated for policy violations and poor performance.

Injury:

Flores was fired, and he claimed that he was unable to find other work. The loss of his job was traumatic, he said. He sought back pay, front pay, past employment benefits and compensatory damages. The defense argued that Flores failed to seek employment diligently and consistently.

Result:

The jury found that Flores’ age was a motivating factor in the decision to terminate him and that his damages were $254,440.

Actual Award:

$510,850

Trial Information:

Judge:

Bonnie Rangel

Jury Vote:

11-1

Post Trial:

The judgment was damages of $254,440 and attorney fees of $256,410 for representation in the trial court, for a total of $510,850, plus taxable costs and prejudgment interest.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel declined to contribute.