‘Crimson Tide fan’ not a protected minority in Texas — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

‘Crimson Tide fan’ not a protected minority in Texas

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in Firing,Human Resources

A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium. The man was working for a subcontractor on the stadium job. Although no one has specifically stated that his dismissal was in retaliation for raising the University of Ala­­bama colors, the close timing between the incident and his dismissal leaves little doubt about whether there is a connection.

It’s unlikely that litigation will result from this firing, which is probably just as well. Finding unbiased jurors might be difficult in College Station, and it’s unlikely the man could persuade a judge to grant a change of venue to Alabama.

Note: This case illustrates that the at-will employment doctrine is alive and well in Texas. Because being an Alabama fan is not a protected class under federal law and never will be under Texas state law, the crane operator will have to find work elsewhere.

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