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Nurse urges modification of tribunal decision, alleges retaliatory and discriminatory firing
Summary
Ebony N. Mitchell, a perioperative nurse, told the Texas Workforce Commission her termination was "unequivocally relapsed retaliatory and discriminatory," asked commissioners to modify administrative tribunal decision in appeal 3842066‑2 and sought back pay and other relief.
Ebony N. Mitchell, a perioperative nurse, addressed the Texas Workforce Commission during public comment on Dec. 9 and asked the commissioners to modify a tribunal administrative decision in appeal 3842066‑2, saying her termination was "unequivocally relapsed retaliatory and discriminatory." She identified herself as "Ebony n Mitchell, MSN, RN, BSHS," with 22 years of operating-room experience and said she provided the commission with written evidence including write-ups, witness statements, performance evaluations and text messages.
Mitchell said the employer did not present corroborating evidence that she was sleeping on duty and described medical conditions—diagnosed asthma and sleep apnea—of which the employer was aware. "There was no substantiation that I was motionless with eyes closed, exhibited an unusual relaxed posture ... or proof of snoring or other sleep related noises," she told the commissioners, and said the organization had been previously notified about her medical history and accommodation requests.
Mitchell described a history of what she characterized as bullying and retaliation by leadership, said colleagues who were observed sleeping on duty had not been disciplined similarly, and asked the commission for reinstatement of benefits or a modification of the prior administrative ruling. She also asked for back pay and made an additional request for "a 2% increase for the next 20 years and forward pay as well," and concluded by saying she had witnesses and additional documentation available to support her claims.
The commission recorded her comment during the public comment period; General Counsel Les Drummond acknowledged the testimony and commissioners proceeded to agenda business. The commission did not take an on-the-record vote or issue a ruling during the public comment segment. The appeal number Mitchell referenced (3842066‑2) appears on the docket materials and will be adjudicated through the commission's case processes.
Mitchell's remarks raised factual claims about workplace conduct, medical accommodation requests, and disparate treatment; the transcript shows commissioners received the comments but did not resolve the appeal during the meeting. Any formal case outcome in 3842066‑2 would be reflected in later published commission orders.
