The Courts
U.S. Fifth Circuit Court of Appeals
Dismissal of Fired Employee’s Suit Upheld
Ruling: A fired ISD employee failed to clear the legal hurdles required to show she was the victim of employment and age discrimination. Niljka Y. Wright v. Arlington ISD, No. 19-11377. Issued Nov. 4. Ordered “not published.”
The record reflects Wright, who says she is of South American heritage and Hispanic ethnicity, worked for AISD in various positions — most recently as a Title I liaison — when the district terminated her employment contract during the second half of 2018.
Wright filed numerous claims of employment and age discrimination under various federal laws and regulations. Among other things, Wright alleged in her federal lawsuit that AISD personnel “repeatedly and systematically” mistreated her at work, took no action to prevent or stop the alleged misconduct, and retaliated against her for reporting the alleged misconduct.
Wright claimed, for instance, that the alleged discriminatory conduct included: 1) unwanted and inappropriate touching by a supervisor; 2) physical and verbal assault (such as being screamed and cursed at); 3) unilateral changes to her work schedule; 4) being subjected to surveillance at work; 5) inaccurate, negative performance evaluations, and 6) other harassing conduct toward her.
Wright appealed to the Fifth Circuit after the trial judge dismissed her suit.
Upheld Dismissal
A three-member Fifth Circuit panel, in this decision, upheld dismissal for a number of reasons, including on findings that Wright: 1) missed deadlines required by law to file some of her claims, 2) did not sufficiently plead facts to show that AISD intentionally discriminated against her and 3) never alleged facts showing she was treated differently because of her heritage or ethnicity.