Rory Divin

 Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. (1991 to present)

Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. (1993 to present)        

J.D., Baylor Law School, 1981.  Associate Editor, Baylor Law Review. 

Top Attorney, Fort Worth, Texas magazine, 2003-2008, 2010 - 2013

Texas Super Lawyers, Texas Monthly, 2007-2014

AV Preeminent Rated, Martindale-Hubbell

 Litigated employment cases for employers and employees in state and federal court; litigated/handled administrative cases involving the DOL, OFCCP, NLRB, TWC, EEOC, TCHR, Fort Worth Community Relations Department, and MSPB; represented employers in arbitrations; provided employment law advice  to employers and employees; briefed and argued appeals in employment matters in both state and federal appeals courts; acted as mediator in employment cases.

2013-14   Member, Board of Directors, Arts Council of Fort Worth

2000 President, Association for Retarded Citizens of Greater Tarrant County. 

Summer 2000, Lecturer on Human Resources Law, University of Texas at Arlington Masters in Business Administration Program

1999-2000 Chair, Labor and Employment Law Section, Tarrant Bar Association

 1994 President of the Board, West Texas Legal Services, Inc.;

Director of West Texas Legal Services, 1991 – 1999 (chair of board 1998)

Former President, Fort Worth Chapter, Federal Bar Association.

 

Reported decisions include Smith v. Carter BloodCare, 2014 WL 1257273 (Tex. App. – Fort Worth 2014 no pet.);  Burton v. Carter BloodCare, 2012 WL 42899 (Tex. App. – Fort Worth 2012, no pet.);  Hadlock v. Texas Christian University, 2009 WL 485669 (Tex. App. - Fort Worth 2009, review denied);  Alesch v. Texas Christian University, 2008 WL 4531705 (Tex. App. – Fort Worth 2008, no pet.);   Tarrant County Hospital District v. Henry, 52 S.W. 3d 434 (Tex. App. - Fort Worth 2001, no pet.);  United States of America v. Harris Methodist Fort Worth, 970 F.2d 94 (5th Cir. 1992); Ross v. Double Diamond, Inc., 672 F.Supp 261 (N.D. Tex. 1987).

 

DESCRIPTIONS OF REPRESENTATIVE CASES

 

Represented private employer sued in Tarrant County state court by former employee alleging sexual harassment.  Summary judgment for employer on sexual harassment claim, affirmed on appeal.

 

 Defended private employer sued in Tarrant County state court by former employee in state court alleging retaliation for reporting sex harassment.  Favorable defense jury verdict. 

 

 Defended private employer sued by former employee in Tarrant County state court for retaliation due to  worker’s compensation claim.  Favorable defense jury verdict.  No appeal.

  

Defended private employer sued by former employee in Tarrant County state court for breach of contract.  Favorable defense jury verdict.

  

Defended private hospital in federal court in suit by USA seeking access to physician peer review records related to race discrimination investigation.    After bench trial, court held for defendant, upheld on appeal.

  

Defended private employer sued by former employee in Tarrant County state court for pregnancy discrimination and retaliation.  Following bench trial, favorable ruling on retaliation and unfavorable ruling on pregnancy discrimination. 

 

Represented plaintiffs against former employer in sex harassment and retaliation case in federal court.  After bench trial,  judgment for plaintiffs.  No appeal.

 

Represented plaintiff against former employer in age discrimination case in federal court.  Favorable jury verdict and judgment for plaintiff which was not overturned after appeal. 

 

Defended private employer in arbitration  by former employee alleging racial discrimination and defamation.  Arbitrator ruled for employer.

  

Defended private employer sued in Tarrant County state court by former employee alleging age discrimination, breach of contract, invasion of privacy, and defamation.  Summary judgment for employer, affirmed on appeal.

 

Defended private employer sued in Tarrant County state court by former employee alleging sexual harassment, breach of contract, and defamation connected to tenure denial.  Summary judgment for employer, affirmed on appeal.

 

 Represented public employer sued by former employee in federal court alleging wrongful dismissal.  12(b)(6) motion to dismiss granted in favor of employer, no appeal.

 

Defended private employer sued in Tarrant County state court for by former employee for breach of contract over non-renewal of appointment.  Summary judgment for employer, affirmed on appeal.

 

 Defended private employer sued by former employee in Tarrant County state court alleging breach of contract to issue stock.  Summary judgment for employer, no appeal.

 

 Defended public employer sued in Tarrant County state court by former instructor over alleged sexual assault, sexual harassment, breach of contract, and various tort claims.  On interlocutory appeal, judgment rendered as a matter of law for employer on claims except breach of contract and  sexual harassment.

  

Defended public employer sued by employee in federal court alleging race discrimination due to non-promotion.  Summary judgment for employer. No appeal.

 

 Defended public employer sued by former employee in federal court alleging race discrimination due to position elimination.  Summary judgment for employer, affirmed on appeal.

  

Defended private employer sued by former employee in federal court alleging sex harassment.  Summary judgment for employer.  No appeal.