HOUSTON – A summary judgment win in favor of BBVA Compass Bank in an age discrimination lawsuit was affirmed by the 14th Court of Appeals yesterday.
The lawsuit was brought by Rafael Friedrichsen and also named several individuals as defendants.
Court records show that on April 13, 2018, BBVA terminated Friedrichsen’s employment as an International Wealth Strategist. He was sixty-one years of age.
On Sept. 27, 2018, Friedrichsen filed suit, asserting causes of action for age and disability discrimination under the Texas Commission on Human Rights Act, retaliation and wrongful termination under the Texas Labor Code, intentional infliction of emotional distress and defamation of his business reputation.
Specifically, Friedrichsen alleged that he “received well above average performance reviews” during his employment with BBVA, believed statements he overheard from coworkers and his supervisor about his age were part of a strategy to get him to retire or resign and that a false accusation was fabricated against him.
Court records show that on April 19, 2019, the defendants filed a combined plea to the jurisdiction and motion for summary judgment, arguing that Friedrichsen failed to exhaust his administrative remedies as to his discrimination and retaliation claims because he failed to timely file a charge of discrimination with the Texas Workforce Commission.
The trial court granted the plea and motion for summary judgment, dismissing all of Friedrichsen’s claims with prejudice.
On appeal, Friedrichsen argued the trial court erred because his claims were not preempted by the TCHRA.
Justices rejected his argument, affirming the trial court.
Appeals case No. 14-19-00850-CV