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EL Apple I, Ltd. v. Olivas

In this employment discrimination and retaliation case, the employer appeals from a judgment in favor of its employee, contending that the evidence is legally insufficient to support the jury's determination that the employee was retaliated against for filing discrimination charges. Viewing the evidence in a light most favorable to the verdict, there is more than a scintilla of evidence that would allow reasonably minded jurors to determine the employee was subjected to a hostile work environment as a result of her decision to file discrimination charges against her employer. As such, issue one is overruled. El Paso Court of Appeals, No. 08-07-00257-CV, 04-21-2010

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OPINION

This is an employment discrimination and retaliation case. El Apple I, Ltd. appeals from a judgment in favor of its employee, Myriam Olivas. A jury determined Ms. Olivas was the target of illegal retaliatory conduct following her filing of sex discrimination charges against her employer, and awarded her $104,700 in compensatory damages and back pay. The trial court awarded Ms. Olivas $464,000 in attorney’s fees, and added conditional attorney’s fee awards for post-judgment and appellate proceedings. El Apple raises four issues challenging: the sufficiency of the evidence supporting the jury’s retaliation finding; the jury’s award of $1,700 for “back-pay;” the trial court’s admission of evidence of discrimination of other employees; and several aspects of the attorney’s fee award. We affirm as reformed.

Myriam Olivas began working for El Apple I, Ltd., as an assistant manager in one of the company’s Applebee’s restaurants on August 4, 2001. In October 2001, after completing training at El Apple’s Yarborough location, Ms. Olivas was assigned to the Applebee’s on George Dieter. During her training, one of Ms. Olivas’ supervisors was the Yarborough restaurant’s general manager, Mr. Alex Aguirre. At the George Dieter restaurant, Ms. Olivas’ supervisor was Mr. Freddy Hernandez. In May 2002, Mr. Hernandez began talking to Ms. Olivas about a possible promotion, and Ms. Olivas began training as an assistant general manager.

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