Mario A. Barrera
Partner
Laura Mendiola
210.299.3458
For the past 14 years, Mr. Barrera has had primary responsibility as first chair attorney and tried cases to verdict, including arbitrations, involving race, national origin, sex (including harassment), and age discrimination cases under Title VII, Age Discrimination in Employment Act (ADEA), and Chapter 21 of the Texas Labor Code as well as workers compensation retaliation under Section 451 of the Texas Labor Code, Family and Medical Leave Act (FMLA), First and Fourteenth Amendment cases, employment tort and contractual claims. Mr. Barrera has also been involved as co-counsel in cases involving Fair Labor Standards Act (FLSA), Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act (ADA), Employee Retirement Income Security Act (ERISA) and non-competition issues.
A portion of Mr. Barrera's practice also involves rendering legal advice and opinions - both verbal and in writing - on a variety of issues including all facets of discrimination, retaliation, employee benefits, wage and hour, FMLA, employee discipline/discharge, non-competition and employment agreements. He has conducted both employment investigations and training seminars for a variety of clients. Mr. Barrera is fluent in Spanish.
Representative Matters
Mary Matthews v. University of the Incarnate Word, 2009. Successfully defended discrimination claim at arbitration. Zero award to claimant.
Raba-Kistner Consultants Inc. and Raba-Kistner Consultants SW v. Gerardo Licon and Licon Engineering Company, Inc., 2008. Jury trial in the 327th District Court, El Paso County. Successfully prosecuted fraud and tortious interference with business relationship claims.
Teresa Fayette v. Alamo Community College District, 2008. Jury trial in the 408th District Court, Bexar County. Successfully defended Chapter 21 retaliation claim.
Jose Sarabia v. Schlumberger Technology Corporation. Jury trial in Webb County District Court (visiting Judge S. Casseb), 2005. Successfully defended workers' compensation discrimination claim; plaintiff's motion for new trial denied.
Ruth Neira v. Levi Strauss & Co. Jury trial in Hidalgo County District Court; Section 451 Workers' Compensation/Retaliation claim, 2004. Jury verdict in favor of plaintiff for $35,000 in punitive damages only; Court Granted Defendent's Motion to Set Aside, case dismissed.
Mary Ibarra v. United States Automobile Association. Jury trial in the U.S. District Court, Western District of Texas, San Antonio Division, 2004. FMLA/Retaliation claim; three week jury trial ended in mistrial; 8-1 jury in favor of defense.
Carole Richardson v. University of the Incarnate Word. Jury trial in Bexar County District Court (race and gender discrimination/assault and battery claims), 2004. Trial demand was in excess of three million dollars; jury awarded zero back pay, zero front pay, zero for gender discrimination and assault and battery claims; however, jury awarded $100,000 compensatory/mental damages and $400,000 in punitive damages. Verdict reduced under statutory caps and case resolved.
Olgletree v. Pharr-San Juan-Alamo Independent School District. Jury trial in Hidalgo County District Court, 2002. Successfully defended First and Fourteenth Amendments Discrimination/Retaliation claims.
O. Cantu v. Levi Strauss & Co. Jury trial in Hidalgo County District court, 2002. Successfully defended workers' compensation discrimination claim.
M. Cantu v. Miller Curtain Company. Jury trial in Bexar County District Court, 2000. Successfully defended workers compensation discrimination claim.
Rouch v. Continental Airlines and Joe Delpero. Jury trial in Bexar County District Court, 1999. Defamation, breach of contract and intentional infliction of emotional distress claims; jury verdict in favor of plaintiff overturned when trial court granted motion for jnov.
Forehand v. Harte-Hanks Communications Inc. Jury trial in the U.S. District Court, Western District of Texas, San Antonio Division, 1998. Successfully defended age discrimination claim.
Cervantes v. Levi Strauss & Co. Jury trial in El Paso County Texas, 1998. Workers' compensation discrimination claim; four-week jury trial ended in mistrial; 8-4 jury in favor of defense.
Tjader v. Central Power and Light Co. Jury trial in the U.S. District Court, Southern District of Texas, 1996. Age discrimination claim; case settled on second day of trial.
Ortiz v. Miller Curtain Company. Jury trial in Bexar County District Court, 1993. Successfully defended workers compensation discrimination claim.
Turner & Wilson v. Cooper Tire & Rubber Co., et al. Jury trial in the U.S. District Court, Western District of Texas, 1992. Age discrimination and breach of contract claims; jury verdict in favor of plaintiff overturned by Fifth Circuit in which they established a bright line test regarding the amount of evidence necessary to support an ADEA claim.
Ortiz v. Clarke Graphics. Bench trial in the U.S. District Court, Western District of Texas, 1991. Successfully defended race discrimination and retaliation claims.
Ortiz v. Clarke Graphics & Texas Employment Commission. Bench trial in Bexar County District Court, 1991. Successfully defended unemployment compensation claim.
Valdez v. Greater San Antonio Chamber of Commerce. Bench trial in the U.S. District Court, Western District of Texas, 1991. Successfully defended national origin, sex and race discrimination claims; jury was dismissed at start of trial on defendants motion to dismiss 1981 claim.
Publications and Speeches
"A Brief Overview of Labor and Employment Law for Small Employers," Women Physicians in Private Practice, March 25, 2009.
"A Brief Overview of Labor and Employment Law and Recent Changes Employers Should Know About," Dominion Rotary Club, February 17, 2009.
"A Smorgasbord of Current Employment Issues", June ACC Luncheon, San Antonio, Texas June 2008.
"Wage and Hour and the FMLA," Sterling Education Services, Inc. Employment Law Update, August 2008.
"Criminal Issues in Employment Law," Texas Advanced Paralegal Seminar, September 2008
"FMLA Makeover: How Congress, Department of Labor and the Courts are Reshaping Employer Leave Obligations," Lower Valley Chapter Society for Human Resources Management Employment Law Update 10th Annual Conference, September 2008.
The Greater San Antonio Chamber of Commerce 2nd Annual Disaster Preparedness Conference, November 2008.
"Criminal Issues in Employment Law," State Bar of Texas, Advanced Employment Law Seminar, Westin, Dallas, Texas, February 1, 2007.
"Introduction to Development in Labor and Employment Law Conference," Bracewell & Giuliani Client Conference on Developments in Labor and Employment Law 2006, San Antonio, Texas, October 26, 2006.
"When Disaster Strikes: Labor and Employment Issues," University of Texas 13th Annual Labor and Employment Law Conference, Austin, Texas, May 18, 2006.
"USERRA and Its Regulations: Overview and Analysis," TELC Educational Conference, San Antonio, Texas, March 24, 2006.
"Federal Law Update: Discrimination, Harassment, NLRA and FLSA," Bracewell & Giuliani Client Conference on Developments in Labor and Employment Law, San Antonio, Texas, October 19, 2005.
Texas Society for Healthcare or Human Resources Administration and Education, San Antonio, Texas, September 14, 2005.
"Making the Right Hiring Decisions Without Violating the Law: Best Practices for Effective Interviewing, Background Checks and Other Critical Strategies," Texas Personnel Law Update 2005, San Antonio, Texas, May 19, 2005.
"Top Ten Ways to Avoid Employment Landmines," The Dominion Rotary Club, San Antonio, Texas, January 25, 2005.
"Employment Law Update: EEO, NLRA and Tort Claims," Bracewell & Patterson Client Conference on Developments in Labor and Employment Law, San Antonio, Texas, October 28, 2004.
"Steering Clear of Legal Landmines in the Employment Process," Employment Law Certificate Program for Human Resources Professionals, San Antonio, Texas, July 27, 2004.
"Recent Developments in Employment Law and Recommended Strategies for Employers," Bracewell & Patterson Client Conference on Developments in Labor and Employment Law, San Antonio, Texas, October 30, 2003.
"Top Ten Developments in Labor and Employment Laws," San Antonio, Texas, November 7, 2002.
"Top Ten Ways to Avoid Employment Landmines," TELC Educational Conference and Annual Meeting, San Antonio, Texas, September 27, 2002.
"Managing a Workforce in 2002," Houston, Texas, April 2, 2002.
"Employment/Discrimination Law Update," Bracewell & Patterson Corpus Christi Client Conference on Developments in Labor and Employment, Corpus Christi, Texas, February 28, 2002.
"Employment/Discrimination Law Update," Bracewell & Patterson 2001 Client Conference, San Antonio, Texas, November 1, 2001.
"Preparing a Witness to be Deposed," University of Houston, Dallas, Texas, May 31 - June 1, 2001; Houston, Texas, June 7 & 8, 2001.
Education
J.D., The University of Texas School of Law, 1984
B.A., magna cum laude, Pan American University, 1981
Bar Admissions
Texas
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the 5th Circuit
U.S. District Court for the Northern, Southern and Western Districts of Texas
Certifications
Texas Board of Legal Specialization, Labor and Employment Law
Affiliations
American Bar Association
San Antonio Bar Association
Federal Court Admissions Committee
Federal Courts Committee of the San Antonio Bar Association, Civil Law Subcommittee
Greater San Antonio Chamber of Commerce
Hispanic Chamber of Commerce
Texas Association of Business Chambers of Commerce
San Antonio Human Resource Management Association
Noteworthy
Best Lawyers in America, Labor and Employment Law, 2009-2011
Texas Super Lawyers 2003 and 2004
Articles Editor, The Review of Litigation, The University of Texas School of Law
Languages
Fluent Spanish