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Bexar County v. Gant

Although evidence of a racial slur may be evidence of the discriminatory intent underlying the subsequent unlawful employment practice, the racial slur itself is not defined as an unlawful employment practice.

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AFFIRMED IN PART; REVERSED AND DISMISSED IN PART

This is an accelerated appeal from the trial court’s denial of a motion for summary judgment asserting that the trial court was without subject matter jurisdiction to consider the underlying cause. The only issue presented for our review is whether Elvin J. Gant, Jr. (“Gant”) exhausted his administrative remedies before filing the underlying lawsuit. If he did, the trial court properly ordered that he may go forward with his lawsuit. We conclude that he did so. All administrative remedies were exhausted as to Gant’s claims except Gant’s claim for unlawful retaliation. Accordingly, we affirm the trial court’s judgment denying the County’s summary judgment as to all of Gant’s claims except the claim for unlawful retaliation. We reverse the trial court’s judgment as to the unlawful retaliation claim and dismiss this claim based on Gant’s failure to exhaust his administrative remedies.

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