Page:Lindsley v. TRT Holdings (20-10263) (2021) Opinion.pdf/4

 consideration, due to concerns shared with my potential future direct report that I feel tarnished my reputation and his perception of me.”

The parties do not dispute that, after receiving Lindsley’s withdrawal, Sondern met with Lindsley in Corpus Christi. He apologized to Lindsley for offending her, “reassured her that she was the right candidate for the Houston position,” and stated that he “wanted to proceed with the offer letter process.” Lindsley declined to reconsider her withdrawal, explaining that she did “not feel that it [wa]s appropriate for someone to start a job when their boss already ha[d] this kind of relationship from the interview.” Lindsley testified: “I felt at that point that he was being forced to take me and I want to earn my promotions on my own merits.”

In September 2015, Lindsley filed a charge of discrimination with the EEOC. Lindsley alleges that the letter notifying Omni of the charge was left open on her desk for her to find. Lindsley also alleges that after Omni received the charge, Omni Corpus Christi’s general manager, Steve Keenan, took several retaliatory actions: holding meetings with her team without her, repeatedly ostracizing her, reducing her team’s review scores, implementing a menu promotion without consulting her, and yelling at her in her office.

In January 2016, Lindsley met with Omni Corpus Christi’s human resources director, Susan Gilbert, to discuss the possibility of leave under the Family and Medical Leave Act (FMLA) on account of mental health issues stemming from “continued workplace discrimination and retaliation.” Gilbert provided Lindsley with incorrect information regarding FMLA leave, informing her that she was an essential employee and that she would lose her position if she took leave. Gilbert later corrected herself, and Lindsley took leave in March 2016, returning one month later, in April 2016.

Lindsley alleges that Omni continued to retaliate against her after she returned from leave: she received lowered annual reviews and found that