Empower Behavioral Health Sued for Discrimination, Retaliation

On Wednesday a case against Empower Behavioral Health was removed to the Texas Western District Court, from the 327th District Court for El Paso County. The case was filed by Mirelle Devenney against her former employer, regarding whistleblower and race discrimination actions regarding her employment.

Devenney was employed by Empower Behavioral Health as a Board Certified Behavior Analyst (BCBA), the complaint said. In October 2020, when Employer terminated its former clinical director, the plaintiff was directed to work directly with children with autism and their families, according to the filing. A new BCBA was hired to work in the same office as the plaintiff, who allegedly made racist or otherwise discriminatory statements in the workplace and to patients.

The plaintiff reported these statements to management, but she said that no action was taken. The plaintiff also said she confronted the new hire about these comments and was later terminated for taking this action. The filing added allegations that the employer listed that plaintiff was being fired for tortious interference with Empower’s business by informing patients that she had been terminated and would not be available to continue the patients treatment.

The plaintiff is suing for race discrimination and whistleblower retaliation. They are represented by the Chavez Law Firm. The defendants are represented by Branscomb PLLC