Lopez v. River Oaks Imaging & Diagnostic Group

• Decision Date: 03 April 2008
• Docket Number: Civil Action No. H-06-3999.
• Citation: 542 F.Supp.2d 653
• Parties: Izza LOPEZ, a/k/a Raul Lopez, Jr., Plaintiff, v. RIVER OAKS IMAGING & DIAGNOSTIC GROUP, INC., Defendant.
• Court: U.S. District Court — Southern District of Texas

Page 653

542 F.Supp.2d 653

Izza LOPEZ, a/k/a Raul Lopez, Jr., Plaintiff, v. RIVER OAKS IMAGING & DIAGNOSTIC GROUP, INC., Defendant.

Civil Action No. H-06-3999.

United States District Court, S.D. Texas, Houston Division.

April 3, 2008.

COPYRIGHT MATERIAL OMITTED

Cole Thaler, Lambda Legal Defense & Education Fund, Inc., Atlanta, GA, Kenneth D. Upton, Jr., Lambda Legal Defense and Education Fund Inc., Dallas, TX, for Plaintiff.

Michael Young McCormick, Nelson McCormick et al, Howard Taylor Dulmage, McCormick Hancock et al, Houston, TX, for Defendant.

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

Pending before the Court is Plaintiff Izza Lopez's Motion for Partial Summary Judgment [Doc. # 21].¹ Defendant River Oaks Imaging & Diagnostic Group, Inc. ("River Oaks") has responded [Doc. # 27] and Lopez has replied [Doc. # 32]. Also pending is River Oaks' Motion for Final Summary Judgment [Doc. # 29]. Lopez has responded [Doc. # 30] and River Oaks has replied [Doc. # 34]. Upon review of the parties' submissions, all pertinent matters of record, and applicable law, the Court concludes that both Lopez's and River Oaks' motions should be denied.²

I. FACTUAL BACKGROUND

Plaintiff Izza Lopez, a/k/a/ Raul Lopez, Jr., suffers from Gender Identity Disorder ("GID"), characterized by "[a] strong and persistent cross-gender identification" and "[p]ersistent discomfort with [one's] sex or [a] sense of inappropriateness in the gender role of [one's] sex." AM. PSYCHIATRIC ASS'N, DIAGNOSTIC & STATISTICAL MANUAL OF MENTAL DISORDERS 581 (4th ed.2000). Accordingly, while she is biologically male, she lives her life as a woman, consistent with accepted medical and therapeutic protocols for her condition. Lopez plans to undergo sex reassignment surgery when she is financially able to do so.

In September 2005, Lopez applied for a job with Defendant River Oaks, a medical clinic, as a Scheduler.³ Lopez was interviewed for the position by River Oaks' Director of Scheduling, Maddy Williams, and River Oaks' Scheduling Manager, Tameka Dixon. Lopez believed that both interviewers were aware, prior to her interview, that Lopez is transgendered, both having been informed of her status by friends of Lopez who worked at River Oaks.⁴ Lopez further claims that she provided both the name by which she is known — Izza — and her legal name — Raul — on her River Oaks job application.⁵

Lopez was offered the position, contingent upon her successful completion of a background check and drug screen. She completed the relevant paperwork using her legal name, Raul Lopez, as well the name she has adopted, Izza,⁶ and provided the forms to a River Oaks recruiter, Elle Pallugna. Several days later, Pallugna contacted Lopez to tell her that she passed the background check and drug screen and to formally offer her the position. Lopez and Pallugna agreed to a start date, and Lopez subsequently gave notice to her then-current employer.

Soon thereafter, Lopez received a call from Pallugna and Cherrone French, River Oaks' Human Resources Director. Pallugna informed Lopez that Lopez's background check revealed that she was male. Thus, she explained that River Oaks was withdrawing its job offer because it concluded that Lopez had "misrepresented" herself as a woman during the interview process. At Lopez's request, French sent Lopez a letter confirming the company's decision and stating, "As we previously explained to you, our offer was rescinded because we believe you misrepresented yourself to us during the interview process. You presented yourself as a female and we later learned you are a male."⁷

Lopez filed a sex discrimination complaint with the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC issued Lopez a "Notice of Right to Sue." This lawsuit followed, with Lopez alleging a single cause of action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

II. LEGAL STANDARD

Rule 56 of the Federal Rules of Civil Procedure mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a sufficient showing of the existence of an element essential to the party's case for which that party will bear the burden at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc); see also Baton Rouge Oil & Chem. Workers Union v. ExxonMobil Corp., 289 F.3d 373, 375 (5th Cir.2002). In deciding a motion for summary judgment, the Court must determine whether "the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits filed in support of the motion, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(C); Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Hart v. Hairston, 343 F.3d 762, 764 (5th Cir.2003).

For summary judgment, the initial burden falls on the movant to identify areas essential to the non-movant's claim in which there is an "absence of a genuine issue of material fact." Lincoln Gen. Ins. Co. v. Reyna, 401 F.3d 347, 349 (5th Cir. 2005). The moving party, however, need not negate the elements of the non-movant's case. See Boudreaux v. Swift Transp. Co., 402 F.3d 536, 540 (5th Cir. 2005). The moving party may meet its burden by pointing out "`the absence of evidence supporting the non-moving party's case.'" Duffy v. Leading Edge Products, Inc., 44 F.3d 308, 312 (5th Cir.1995) (quoting Skotak, 953 F.2d at 913). However, if the moving party fails to meet its initial burden, the motion for summary judgment must be denied, regardless of the non-movant's response. ExxonMobil Corp., 289 F.3d at 375.

If the moving party meets its initial burden, the non-movant must go beyond the pleadings and designate specific facts showing that there is a genuine issue of material fact for trial. Littlefield v. Forney Indep. Sch. Dist, 268 F.3d 275, 282 (5th Cir.2001). "An issue is material if its resolution could affect the outcome of the action. A dispute as to a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir.2005) (internal citations omitted).

In deciding whether a genuine and material fact issue has been created, the facts and inferences to be drawn from them must be reviewed in the light most favorable to the non-moving party. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co., 336 F.3d 410, 412 (5th Cir.2003). However, factual controversies are resolved in favor of the non-movant "only when there is an actual controversy — that is, when both parties have submitted evidence of contradictory facts." Olabisiomotosho v. City of Houston, 185 F.3d 521, 525 (5th Cir.1999). The non-movant's burden is not met by mere reliance on the allegations or denials in the non-movant's pleadings. See Diamond Offshore Co. v. A & B Builders, Inc., 302 F.3d 531, 545 n. 13 (5th Cir.2002) (noting that unsworn pleadings do not constitute proper summary judgment evidence). Likewise, "unsubstantiated or conclusory assertions that a fact issue exists" do not meet this burden. Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). Instead, the non-moving party must present specific facts which show "the existence of a `genuine' issue concerning every essential component of its case." Id. In the absence of any proof, the court will not assume that the non-movant could or would prove the necessary facts. Little, 37 F.3d at 1075 (citing Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990)).

Finally, "[w]hen evidence exists in the summary judgment record but the non-movant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court." Malacara v. Garber, 353 F.3d 393, 405 (5th Cir.2003). "Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party's opposition to summary judgment." See id. (internal citations and quotations omitted); see also de la O v. Hous. Auth. of El Paso, 417 F.3d 495, 501 (5th Cir.2005).

III. ANALYSIS

Lopez brings suit against River Oaks, alleging that it violated her civil rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., when it discriminated against her on the basis of her sex. Specifically, Lopez asserts that River Oaks impermissibly rescinded its job offer to her because she failed to conform with traditional gender stereotypes. Alternatively, Lopez asserts that "River Oaks discriminated against [her] because of her transgender status."⁸ River Oaks primarily contends that it rescinded its job offer because Lopez lied to the company when she failed to disclose that she is biologically male, both to her interviewers and on her resume and job application. However, River Oaks also suggests that Lopez has failed to raise a viable legal claim, arguing that there is no Title VII protection for transgendered individuals under either of the theories Lopez asserts. It is this question — whether Lopez has a cognizable legal claim — to which the Court turns first.

A. Legal Issues

Title VII provides that "[i]t shall be an unlawful employment practice for an employer ... to discriminate against any individual ... because of such individual's ... sex." 42 U.S.C. § 2000e-2(a)(1). Through case law, the contours of Title VII's prohibition against sex discrimination have been defined to include discrimination against individuals who fail to conform with traditional gender stereotypes. See Price Waterhouse v. Hopkins, 490 U.S. 228, 250, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989). Relying on this precedent, litigants have seized upon the seemingly broad language of Price Waterhouse to argue that Title...