Ginsburg delivers opinion in Houston-area job bias claims case

HOUSTON - Appellate lawyers with Houston-based Wright Close & Barger won a unanimous decision from the U.S. Supreme Court for a former Fort Bend County worker who had claimed religious discrimination.
The employee, Lois M. Davis, was fired in 2011 after she was denied time off from a Sunday work assignment to attend church. She sued the county after her firing, alleging religious discrimination and other claims under Title VII of the Civil Rights Act.

"We are grateful for this important decision, which ensures a fairer system for all victims of employment discrimination. It also clarifies the process for employers and governments," said Raffi Melkonian, attorney for Ms. Davis and an appellate specialist with Wright Close & Barger. Mr. Melkonian argued the case before the Supreme Court on April 22, 2019.

Also providing legal counsel are Tom Wright and Russell Hollenbeck of Wright Close & Barger, as well as Brian Fletcher and Pam Karlan of the Stanford Law School Supreme Court Litigation Clinic.
The Supreme Court focused on a key aspect of how employment discrimination claims are brought under federal law. Before filing a Title VII lawsuit, employees file "charges" with the Equal Employment Opportunity Commission that spell out their claims. Years into this case, Fort Bend suddenly claimed that Ms. Davis' EEOC charge was not good enough.

In a 9-0 opinion written by Justice Ruth Bader Ginsburg and delivered on June 3, 2019, the court rejected Fort Bend County's argument that it could challenge whether Ms. Davis had followed all steps of the EEOC process at this late stage of the litigation.

"I am thrilled with the court's decision," said Ms. Davis, who had worked for the county as an information technology employee. "I am not trying to get my old job back, but I'm happy to know that this will mean a fairer route for other employees who claim discrimination."

Ms. Davis' claim is now cleared to move forward through the Texas federal court system. The case sparked numerous amicus briefs including from the NAACP, the U.S. Chamber of Commerce, the National Conference of State Legislatures and the Center for Workplace Compliance. The Solicitor General's Office filed an amicus brief supporting Ms. Davis on behalf of the United States and the EEOC.
The case is Fort Bend County v. Davis, case number 18-525, before the Supreme Court of the United States.

Wright Close & Barger LLP is a Houston-based civil trial and appellate firm handling complex trial and appeals work for clients across Texas. The firm's team of experienced attorneys has a track record of achieving favorable resolutions in cases involving catastrophic personal injury, insurance coverage, intellectual property, oil and gas, product defects, commercial disputes, arbitration and mediation, trade secrets, and trust and estate litigation, among others. Wright Close & Barger also assists with pretrial motions, special evidence problems, challenges to expert witnesses, and the critical work on the court's charge to the jury. To learn more, visit http://www.wrightclosebarger.com