On May 1, 2007, an employee of the George S. May International Company, filed a lawsuit under 42 U.S.C. § 2000e, the Age Discrimination in Employment Act, and the Fair Labor Standards Act against his employer in the United States District Court for the Southern District of Texas. The plaintiff, who proceeded pro se, asked the court for damages, claiming that he, and others similarly situated, were denied commissions, endured a hostile work environment, suffered breach of contract, suffered retaliatory action, and experienced discrimination based on his age. The case was assigned to Judge Ricardo Hinojosa of the U.S. District Court for the Southern District of Texas.

The Court ordered mediation on December 19, 2008. The parties, however, were unable to resolve the case via mediation.

On October 7, 2009, the District consolidated this case (07-094) with another case (09-154) filed by the plaintiff in 2009. On October 9, 2009, the Court orally granted Defendant's motion for summary judgment as to the Title VII retaliation claim. The Court also granted Defendant's motion for summary judgment as to Plaintiff's hostile work environment claim. The Court allowed discovery on the plaintiff's age discrimination to be completed by November 23, 2009.

Discovery and other pre-trial procedures were continued throughout 2009, 2010, and 2011. On March 12, 2012, plaintiff filed a motion for summary judgment. On September 28, 2012, Judge Hinojosa granted that motion. (Defendants had not acted in case for over one year, including not replying to the motion for summary judgment).

Plaintiff was awarded $5,873 in damages for contract claims, and $25,000 in damages for age discrimination claims.

Haley Waller - 10/02/2010
Ian Sander - 10/24/2016


compress summary