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