Scudiero v. Radio One of Tex. II, LLC

2 Citing cases

  1. Lindsley v. TRT Holdings, Inc.

    Civil Action 3:17-CV-2942-X (N.D. Tex. Oct. 24, 2023)

    42 U.S.C. ยง 1981a(b)(3)(A)-(D); see also Scudiero v. Radio One of Tex. II, LLC, No. 4:12-CV-1088, 2015 WL 6859146, at *5 (S.D. Tex. Sept. 30, 2015) (interpreting Title VII's damages cap similarly). b. Integrated Employer Liability

  2. Skaggs v. Van Alstyne Indep. Sch. Dist.

    CIVIL ACTION NO. 4:16-CV-00227-CAN (E.D. Tex. Jan. 8, 2017)   Cited 11 times
    Observing that "the continuing violation doctrine does not apply to discrimination and/or retaliation claims"

    Even where a plaintiff has in some sense sought employment, the plaintiff's failure to reasonably maintain the search or, once secured, the job signals a failure to mitigate. See, e.g., Hansard, 865 F.2d at 1468 (denying back pay where employee searched for work for four years, then stopped and began selling items part-time at a flea market for a year, then "stopped looking for work altogether and began receiving Social Security early retirement benefits"); Scudiero v. Radio One of Tex. II, LLC, No. 4:12-CV-1088, 2015 WL 6859146, at *17 (S.D. Tex. Sept. 30, 2015) (denying front pay where employee met with a few contacts from time-to-time only for about a month, never submitted an application or resume to anyone in his industry in the relevant markets, and started his own business for substantially lower pay); Patterson v. P.H.P. Healthcare Corp., 90 F.3d 927, 936 (5th Cir.1996) (denying pay where employee "'act[ed] in such a manner that caused his involuntary termination' from the job he obtained after being discharged . . ."). In the present case, Plaintiff failed to mitigate her damages under these standards.