Ortiz v. Eagle Mountain Saginaw Independent School District
4:25-cv-00385
| N.D. Tex. | Jul 10, 2025Background
- Fernando Ortiz, a Hispanic male over age 40, was employed as a safety and security lead by Eagle Mountain Saginaw Independent School District (EMS) until his termination on August 28, 2023.
- At the time of his termination, Ortiz had two open worker’s compensation claims, and received a termination letter citing violation of the Educators’ Code of Ethics (without specifics).
- Ortiz alleged no prior disciplinary history before termination.
- Ortiz brought suit against EMS asserting claims under the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, and Chapter 21 of the Texas Labor Code.
- EMS filed a Rule 12(b)(6) motion to dismiss all claims, arguing Ortiz failed to plead sufficient facts for any cause of action.
- The Court considered only well-pleaded facts in Ortiz’s complaint as true for purposes of the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile Work Environment | Ortiz subject to hostility for race, color, age | No facts supporting severe, pervasive harassment | Dismissed; insufficient factual support |
| Age Discrimination (ADEA) | Termination due to age, replaced by younger employee | No facts tying termination to age | Dismissed; conclusory, not plausible |
| Race Discrimination (Title VII) | Treated less favorably as Hispanic/Latino | No facts support adverse action due to race | Dismissed; lacks factual allegations |
| Retaliation | Faced animosity for being older/Hispanic | No protected activity or causal link pled | Dismissed; failed to plead elements |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework in discrimination claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard requires factual plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for Rule 12(b)(6) motions)