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College of the Mainland v. Bruce Glover
436 S.W.3d 384
Tex. App.
2014
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Background

  • Glover, a male, alleged gender discrimination in faculty pay at College of the Mainland.
  • The College restructured pay scales in 2007, creating bands by education level and steps by experience, with overall pay fixed by band/step and contract length.
  • Glover was placed on the FM band (master’s degree) at Step 4 with a 12‑month contract for 2007–2008 and a >3% raise.
  • Two female comparators, F.O. (FA band, Step 10) and C.J. (FM band, Step 5), were treated differently, affecting their pay despite differences in education/experience.
  • Glover filed an EEOC charge in October 2012 alleging discriminatory placement in the salary scale; the EEOC dismissed; he then sued in state court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Timeliness of the charge under TCHRA Glover argues continuing-violation and tolling apply College asserts untimely filing (outside 180 days) First issue not reached; appellate focus on second issue
Prima facie case of discrimination Glover claims he was treated less favorably than female comparators Glover failed to show comparators are similarly situated Glover failed to establish a prima facie case; court dismisses suit on jurisdictional grounds

Key Cases Cited

  • Garcia v. Mission Consol. Indep. Sch. Dist., 253 S.W.3d 653 (Tex. 2008) (waiver of immunity under TCHRA; discrimination scope)
  • Garcia v. Mission Consol. Indep. Sch. Dist., 372 S.W.3d 629 (Tex. 2012) (Garcia II; burden-shifting framework; jurisdictional analysis)
  • Navy v. College of the Mainland, 407 S.W.3d 893 (Tex. App.—Houston [14th Dist.] 2013) (prima facie case framework in this context)
  • Wright v. Southland Corp., 187 F.3d 1287 (11th Cir. 1999) (McDonnell Douglas framework described)
  • Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915 (Tex. 2005) (similarly situated standard for comparators)
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Case Details

Case Name: College of the Mainland v. Bruce Glover
Court Name: Court of Appeals of Texas
Date Published: Jun 5, 2014
Citation: 436 S.W.3d 384
Docket Number: 14-13-01047-CV
Court Abbreviation: Tex. App.