January 16, 2013 - Texas Workforce Commission

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1 is based solely on the behaviors of the individual and
2 the proven stereotypes adhered to by the employer. I
3 would also say that the Price Waterhouse case had
4 strong evidence to establish that there was a
5 stereotype. The statement attributed to the partner
6 that I quoted earlier.
7 CHAIRMAN ANDERSON: Are we looking for
8 the same type of evidence, facts -- facts in the case
9 to -- to make that -- to make that case on behalf of
10 the claimant?
11 MR. BABIAK: Yes. We are looking for
12 evidence to -- to establish both components: One,
13 the -- one, the stereotype and, two, an adverse action
14 linking that stereotype to a failure to conform to the
15 stereotype that's either real or perceived on the part
16 of the complainant.
17 CHAIRMAN ANDERSON: Is this something
18 that the Commissioners need to bless, or is it the
19 administration -- administrative prerogative to extend
20 or to interpret, rather, this -- the Price Waterhouse
21 into these -- the -- these type of cases?
22 MR. BABIAK: We can certainly put it on
23 the agenda and present it to you and take guidance.
24 COMMISSIONER STIDVENT: I think -- I
25 think Price Waterhouse has been extended in a couple