Texas court looks at allegations of age and sex discrimination
In a recent case, the Texas Court of Appeals found that the evidence raised a factual issue about whether the employer chose not to renew an employee contract based on age discrimination, but not because of sex discrimination.
In February 2011, the University of North Texas Health Science Center (UNTHSC) hired the plaintiff, who was over 50 years old, as a nontenure-track instructor in its Department of Health Behavior and Health Systems within the School of Public Health.
In 2016, she was promoted to a nontenure-track assistant professor after she got a PhD in multicultural women’s and gender studies with a minor concentration in health studies from Texas Woman’s University.
Her duties as an instructor or as an assistant professor included teaching community health courses and maternal and child health (MCH) courses, getting grant funding, and supervising doctoral students.
The UNTHSC employed the woman via one-year teaching contracts, which it would issue annually unless it would notify the employee about nonrenewal. Her performance reviews from 2015 through 2018 provided that she met or exceeded expectations in most categories.
However, the professor appealed an evaluation in the September 2018 review. She claimed that the then-department chairperson’s use of the term “abrasive” to describe a woman was inherently sexist. The school’s dean disagreed and found the comment reasonable.
In December 2018, the...
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