In a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power Serv. Co., the plaintiff employee brought a Title VII discrimination and retaliation claim alleging that he was disciplined for his complaints of racial discrimination. A jury found that Carter’s complaints motivated Luminant’s disciplinary decision but it also found that Luminant would have made the same decision despite Carter’s complaints (i.e., the mixed-motive defense). Because the plaintiff only prevailed on his retaliation claim and the employer established its mixed-motive defense, the . . .
Today, the Supreme Court of Texas denied review in Hilz v. Riedel, a Fort Worth Court of Appeals decision reversing a summary judgment granted pursuant to Chapter 87 of the Texas Civil Practice & Remedies Code.
As such, the Fort Worth Court of Appeals' opinion will stand and the case will proceed to trial on remand to the trial court.
A detailed discussion of the Fort Worth Court of Appeals' opinion is contained in this prior post.