Texas school teacher schools employers in age discrimination case

A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) provides a valuable lesson. The case involved a teacher who—to her credit—proceeded on her own without a lawyer. The lesson? The standards by which a lawsuit can be dismissed at the outset of a case. The 5th Circuit’s opinion in the teacher’s lawsuit clarifies when such a request should be granted.

What is a motion to dismiss, and why should you care ?

In federal court, a motion to dismiss is called a Rule 12(b)(6). It is a request filed right after the lawsuit is filed and tells the court, “There is no claim here, so the lawsuit should get tossed. No need to go through expensive discovery. It is D.O.A.”

Those who hire lawyers need to be able to discuss with them intelligently whether a 12(b)(6) should be filed. And because there has been some confusion among lawyers on the proper use of a 12(b)(6), this case is useful for lawyers who read the newsletter.

Teacher’s case

Deborah Ann Thomas was 55 years old and had been an educator for 25 years. She was employed by the Dallas Independent School District (D.I.S.D.) starting in 2007.

In 2018, the district told Thomas her position was being eliminated, but she could apply for other positions at D.I.S.D. She applied for several, and the answer was always “no.” Fed up, she sued for age discrimination. The trial court granted D.I.S.D.’s 12(b)(6). The 5th Circuit said, “Not so fast,” and reversed.