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Jones v. Jefferson County3/8/2000
Florence Jones appeals a take-nothing judgment rendered by the district court in her suit against Jefferson County. Jones' suit alleged that she had been dismissed from her position as a deputy county clerk for racial reasons, and that she was not rehired by the county for employment in other positions in retaliation for her filing of a discrimination complaint and for filing this lawsuit.
Jones, who is African-American, was initially hired by the Jefferson County Clerk's office in April 1990. She first performed filing duties, but then began performing clerk duties for the county courts at law. During her tenure, she received regular pay raises and written commendations on her work. In the 1992-1993 time period, there developed a backlog in the processing of misdemeanor bond forfeiture cases in the clerk's office. In addition to her other duties, Jones was assigned to work on these files. She testified that she was told her first priorities were service to members of the public who came to the office counter and answering telephone inquiries from the public. Although her desk was sometimes moved, it was usually near the public counter. She testified that her second priority was taking care of the needs of the county court at law judges and that her third priority was taking care of the backlog of bond forfeiture cases. Jones was aware of the large volume of bond forfeiture cases to process, and testified that she put the files in a large box and kept them under her desk. She further testified that she processed those files as she had time, given the other duties that she understood had priority. She testified that her immediate supervisor was aware not only of the size of the backlog, but also of the box kept under her desk. Jones also stated that her desk was built and situated in such a way that the box was visible.
In 1995, the bookkeeper of the clerk's office became aware that the amount of money being received by the county from bond forfeitures had dropped drastically. She made an inquiry of Jones' supervisor, but was not satisfied with the supervisor's explanations. The bookkeeper then made further inquiry of the chief deputy, but the chief deputy was unable to determine where all of the backlogged work was located. On April 24, 1995, Jones was absent from work and one of the office staff discovered the box of files Jones kept under her desk. The box contained 1,075 bond forfeiture case files. This was immediately called to the attention of the county clerk. The next day, the clerk met with Jones, Jones' supervisor, and the chief deputy, at which time the clerk confronted Jones about "hiding" work that was costing the county money. Jones told the clerk that Jones' supervisor was aware of both the backlog and the box under the desk, which knowledge the supervisor denied. The clerk also accused Jones of giving preference in her work to one judge, who is African-American, over another judge, who is Caucasian. Jones was terminated and asked to leave the premises.
Jones testified that she reapplied to the county for other positions, including a clerk's position with a constable who was a personal friend. Her applications were not forwarded, however, because the county had a policy of not rehiring individuals terminated for job performance reasons.
Jones subsequently filed a complaint of racial discrimination with the county grievance committee and with the Texas Commission on Human Rights. She was issued a right to sue letter by the commission, and she timely initiated this lawsuit. After she was denied other employment with the county, she filed a claim of retaliation with the commission and was issued a second right to sue letter. She then amended her d
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