Aguillard v. La. Coll.
| Decision Date | 19 September 2018 |
| Docket Number | CIVIL ACTION NO. 1:17-CV-01671 |
| Citation | 341 F.Supp.3d 642 |
| Court | U.S. District Court — Western District of Louisiana |
| Parties | Joe W. AGUILLARD v. LOUISIANA COLLEGE |
John Whitney Pesnell, William Alan Pesnell, Billy R. Pesnell, Pesnell Law Firm, Shreveport, LA, for Joe W. Aguillard.
Steven M. Oxenhandler, Michael J. O'Shee, Gold Weems et al., Martha R. Crenshaw, Weems Bruser et al., Alexandria, LA, for Louisiana College.
RULING
Plaintiff Joe W. Aguillard ("Aguillard") brought this lawsuit against Louisiana College ("LC"), under the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, as amended ("Title VII"). Aguillard alleges that LC discriminated against him, in part, on the grounds of his religious beliefs. Aguillard further alleges that LC retaliated against him for engaging in protected activities and for opposing LC's unlawful discrimination and actions.
Pending before the Court is a Motion for Partial Summary Judgment filed by LC [Doc. No. 21] contending solely that LC is entitled to summary judgment dismissing Aguillard's claims of religious discrimination and religious retaliation. Aguillard has filed an Opposition [Doc. No. 29]. For the following reasons, the Motion for Partial Summary Judgment is GRANTED .
Aguillard served as President of LC from January of 2005 to July of 2014. He suffered a major heart attack in March of 2011 and underwent quadruple by-pass surgery. In January of 2014, he was diagnosed with Post-Traumatic Stress Disorder. Aguillard contends that, as a result of his poor health, he and LC entered into a written employment agreement effective April 15, 2014, pursuant to which he became "President Emeritus" of LC and a fully tenured member of the Faculty at LC. Dr. Richard B. Brewer ("Brewer") became President of LC on April 7, 2015, and continues to serve in that capacity.
On May 3, 2015, Aguillard filed a "fear of workplace violence" complaint with LC, protesting the employment of Kyle Johnson ("Johnson") by Brewer. Aguillard contends that Johnson was one of the leaders of a group that sponsored and promoted the "Calvinist" religious belief at LC and that Johnson had previously threatened Aguillard's life. Aguillard is not a Calvinist; he alleges that Brewer is a Calvinist.
Aguillard alleges that after he filed his "fear of workplace violence" complaint, Brewer attempted to force him to resign his employment with LC, isolated him, did not allow him to participate in the usual and customary faculty functions, and refused to communicate with him with respect to his duties and responsibilities under the Employment Agreement.
On September 28, 2015, Aguillard met with Don Benton Connor ("Connor"), an investigator hired by Brewer, who Brewer said "speaks for me". [Doc. No. 1, p. 5] Connor, who "appeared" to be armed with a hand gun, "represented" he was in law enforcement, stated "this is a Catholic thing," and demanded Aguillard immediately resign his position at LC "because of religious issues." [Doc. No. 1, p. 5]. Aguillard alleges Connor followed him to his truck and physically took possession of his computers, one of which was Aguillard's personal property and the other of which had been issued to him by LC, slamming the top of one of the computers on Aguillard's hand in the process. Aguillard had personal and confidential information stored in both computers, including e-mail communications with his attorneys, financial information, and medical records. Both computers were password protected. Aguillard alleges that LC "hacked" both computers and unlawfully and illegally obtained confidential information. Aguillard was hospitalized for three weeks for treatment and observation, which he alleges was for treatment of acute PTSD symptoms and the high risk of a second heart attack and/or stroke resulting from his confrontation with Connor.
Aguillard further contends that after his release from the hospital, Brewer continued to have him followed and stalked. Aguillard asserts that Brewer fired another faculty member, Dr. Carmacia Smith-Ross, after she refused to give a false statement to the effect that Aguillard was too ill to work, that he had not been teaching his classes appropriately, that he had not attended meetings with her as required, and that because of his disabilities (coronary artery disease and PTSD), Aguillard could not perform his job duties and responsibilities.
By letter dated January 22, 2016, Dr. Cheryl Clark, Acting Vice-President and Dean of Academic Affairs, notified Aguillard that LC considered his employment to be "at will" and that LC was entitled to dismiss him at any time and for any reason and was not obligated to show cause for his dismissal.
By email dated January 29, 2016, Brewer notified Aguillard that he was placing Aguillard on administrative leave, relieving him of all of his duties and responsibilities as "President Emeritus," and re-assigning all of Aguillard's classes.
On February 9, 2016, Aguillard filed a "whistleblower complaint" with LC's Board of Trustees reporting that Brewer had retaliated against him for engaging in protected activities and for opposing LC's unlawful discrimination and actions. On February 17, 2016, LC changed the locks on Aguillard's office, denying him access to his office and his property stored in his office.
At Aguillard's request, the Faculty Affairs Advisory Committee conducted a hearing on February 23, 2016. The Committee recommended that Aguillard be dismissed from his employment. By letter dated March 16, 2016, Brewer terminated Aguillard's employment effective March 31, 2016. Aguillard appealed Brewer's decision to the Executive Committee and then to the Board of Trustees, all to no avail. LC stopped payment of all compensation under the Employment Agreement on March 31, 2016.
Aguillard filed a charge of discrimination with the EEOC and the Louisiana Commission on Human Rights on or about April 1, 2016, alleging that LC had discriminated against him because of his disability, his religion (Southern Baptist), and in retaliation for opposing illegal practices in violation of the American With Disabilities Act, as amended, 42 U.S.C. §§ 12101 - 12213 ("ADA") and Title VII. He stated in his claim that he believed that his opposition to Calvinistic views contributed to his discharge. He filed another charge of retaliation/ discrimination with the EEOC on July 8, 2016, setting forth more fully his religious-beliefs conflict with Brewer, and explaining Brewer is a Calvinist, whereas he is not a Calvinist. The EEOC issued a "Right to Sue" letter dated September 28, 2017.
Aguillard asserts that LC's alleged grounds for terminating him as President Emeritus and as a fully tenured faculty member were mere pretext and that LC retaliated against him for his attempt to protect his employment rights from unlawful discrimination on the grounds of his religious beliefs, his disability, his age, and his opposition to LC's discriminatory practices.
LC asserts in its motion for partial summary judgment that Aguillard's claims for religious discrimination and religious retaliation should be dismissed, with prejudice, at his costs, inasmuch as religious organizations or religious educational institutions, such as LC, are exempt from Title VII's discrimination and retaliation provisions.
The motion is fully briefed, and the Court is prepared to rule.
Under Federal Rule of Civil Procedure 56(a), The moving party bears the initial burden of informing the court of the basis for its motion by identifying portions of the record which highlight the absence of genuine issues of material fact. Topalian v. Ehrman , 954 F.2d 1125, 1132 (5th Cir. 1992) ; see also Fed. R. Civ. P. 56(c)(1) (). A fact is "material" if proof of its existence or nonexistence would affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute about a material fact is "genuine" if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id.
If the moving party can meet the initial burden, the burden then shifts to the nonmoving party to establish the existence of a genuine issue of material fact for trial. Norman v. Apache Corp. , 19 F.3d 1017, 1023 (5th Cir. 1994). In evaluating the evidence tendered by the parties, the Court must accept the evidence of the nonmovant as credible and draw all justifiable inferences in its favor. Anderson , 477 U.S. at 255, 106 S.Ct. 2505. However, "a party cannot defeat summary judgment with conclusory allegations, unsubstantiated assertions, or only a scintilla of evidence." Turner v. Baylor Richardson Med. Ctr. , 476 F.3d 337, 343 (5th Cir. 2007) (citing Anderson , 477 U.S. at 248, 106 S.Ct. 2505.)
Aguillard asserts religious discrimination and retaliation claims under Title VII.
Title 42 United States Code, Section 2000e-2(a)(1) addresses discrimination claims and provides:
It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.
Title 42 United States Code, Section 2000e-3(a) addresses retaliation claims and...
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