(DOWNLOAD) "Richard A. Caballero v. Central Power and Light Company" by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Richard A. Caballero v. Central Power and Light Company
- Author : Supreme Court Of Utah
- Release Date : January 19, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This cause presents questions of first impression -- the procedures required by, and relief available under, the Texas Commission on Human Rights Act. TEX. REV. CIV. STAT. ANN. art. 5221k (Vernon 1987) ("TCHRA"). Richard Caballero sued Central Power & Light Company (CP&L) for employment discrimination based on "handicap." On jury findings favorable to Caballero, the trial court rendered judgment that Caballero recover monetary damages for lost past earnings and diminished future earning capacity. The court of appeals reversed and remanded, holding that TCHRA was substantially an equitable statute which required that a complainant first obtain an injunction against the employers wrongful conduct before he could sue for violation of the injunctive order, the next procedurally-required step. 804 S.W.2d 534. We decline to adopt the court of appeals reading of TCHRA, and hold that once a litigant is authorized to proceed in court under the statute, he is entitled to a jury trial for damages. We therefore reverse the judgment of the court of appeals and remand the cause to that court.
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