agreed to provide Shah to Texas Correctional Industries on a full time basis, although Shahcontinued reporting to the TDCJ Facilities Division on a dotted line basis.
Shah was promoted to Engineer VI in 1999. Briefly, Shah’s position title was changedto Engineer V in 2001, which Shah challenged, and he was immediately reclassified back toEngineer VI.In April of 2001, Texas Correctional Industries and Transportation and Supplywere merged to form the Manufacturing and Logistics Division. Shah's duties doubled.
In 2001, Shah filed a written grievance against the Deputy Director of TDCJ'sFacilities Division, claiming discrimination and harassment based on national origin, race,and color. TDCJ issued an internal report that found there is "no evidence that Mr. Shah is being treated differently because of he is of East Asian decent [sic]."
In March of 2004, TDCJ awarded retention pay raises to Facilities Division engineers.However, TDCJ did not award Shah any such raise. Shah’s position title was again changed back to Engineer V in 2006. Shah’s performance reviews consistently evidenced that heexceeded standards in all or most categories.
In June of 2009, TDCJ awarded all Facilities Engineers—most of whom are Whiteand natural born citizens—another retention pay increase. Once again, TDCJ did not awardShah a retention pay increase.
Ex. 1, Aff. Jitendra Shah ¶¶13, 14, 15 (Jan.28, 2013).
Ex. 1, Aff. Jitendra Shah ¶¶16, 17, 18, 19, 20 (Jan.28, 2013).
Ex. 1, Aff. Jitendra Shah ¶¶20, 21 (Jan.28, 2013).
Ex. 1, Aff. Jitendra Shah ¶¶22, 23, 24 (Jan.28, 2013).
Ex. 1, Aff. Jitendra Shah ¶25 (Jan.28, 2013).
Case 4:12-cv-02126 Document 30 Filed in TXSD on 01/31/13 Page 3 of 17