Legal Opinion

Arismendez v. Nightingale Home Health Care, Inc.

Court of Appeals for the Fifth Circuit

Decided July 26, 2007No. 06-40593PublishedCited by 80 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The Plaintiff-Appellant, Mariluz Aris-mendez, brought suit against her employer, Nightingale Home Health Care, alleging gender discrimination pursuant to the Texas Commission on Human Rights Act (TCHRA), Tex. Lab.Code Ann. § 21.001 et seq. The jury found that Arismendez’s pregnancy was a motivating factor in Nightingale’s decision to discharge her and rendered a verdict in favor of Aris-mendez. The jury also found that Nightingale (1) did not make a good faith effort to prevent gender discrimination in the workplace and (2) engaged in the above found discriminatory…

2Cases cited19 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. United States Postal Service Board of Governors v. AikensSupreme Court of the United States · 1983
  4. Fayette Long Jeanell Reavis v. Eastfield CollegeCourt of Appeals for the Fifth Circuit · 1996
  5. Laxton v. Gap Inc.Court of Appeals for the Fifth Circuit · 2003

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3Cited by80 opinions

  1. AutoZone, Inc. v. ReyesTexas Supreme Court · 2008
  2. Ronald Reed v. Neopost USA, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
  3. Rogers v. McDormanCourt of Appeals for the Fifth Circuit · 2008
  4. Graves ex rel. Estate of Graves v. Secretary of the Dept. of Health & Human ServicesUnited States Court of Federal Claims · 2013
  5. LSREF2 Baron, L.L.C. v. TauchCourt of Appeals for the Fifth Circuit · 2014

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