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January 16, 2013 - Texas Workforce Commission

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36<br />

1 employee of a school district, who was released. The<br />

2 released employee was over 40 years of age. The<br />

3 employee was replaced by another worker who was also<br />

4 over 40 and, in addition, older than the worker who<br />

5 was released. And the <strong>Texas</strong> Supreme Court said that,<br />

6 based on those allegations, that does not satisfy<br />

7 the -- the prima facie elements of the case.<br />

8 The -- the other case, and in my opinion<br />

9 a little bit more interesting case, was the case<br />

10 involved Prairie View A&M University. The name of the<br />

11 plaintiff in the case, I believe, is pronounced<br />

12 Chatha. It's C-h-a-t-h-a. The plaintiff was a -- I<br />

13 believe a professor at the university, filed a<br />

14 complaint under Chapter 21 relating to a difference in<br />

15 compensation based on sex or gender. And the question<br />

<strong>16</strong> before the Court of Appeals was whether the federal<br />

17 Lilly Ledbetter Fair Pay Act amendments to Title VII<br />

18 were automatically incorporated into Chapter 21.<br />

19 And -- and, just as background,<br />

20 Ms. Ledbetter worked for Goodyear Tire and Rubber<br />

21 Company for a -- a number of years. I think it's been<br />

22 described as decades. She learned that the -- her<br />

23 male co-workers were paid more than she was.<br />

24 She filed a complaint of discrimination,<br />

25 and the United States Supreme Court ruled that the

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