Bryant v. Compass Group Usa Inc.

• Decision Date: 13 July 2005
• Docket Number: No. 04-40569.,04-40569.
• Citation: 413 F.3d 471
• Parties: Brandon L. BRYANT, Plaintiff-Appellee-Cross-Appellant, v. COMPASS GROUP USA INC., individually, doing business as Chartwells, Defendant-Appellant-Cross-Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

413 F.3d 471

Brandon L. BRYANT, Plaintiff-Appellee-Cross-Appellant, v. COMPASS GROUP USA INC., individually, doing business as Chartwells, Defendant-Appellant-Cross-Appellee.

No. 04-40569.

United States Court of Appeals, Fifth Circuit.

June 16, 2005.

Rehearing Denied July 13, 2005.

COPYRIGHT MATERIAL OMITTED

John Gerard Werner (argued), Reaud, Morgan & Quinn, Beaumont, TX, for Bryant.

Kerry E. Notestine (argued), Littler Mendelson, Houston, TX, for Compass Group USA Inc.

Appeals from the United States District Court for the Eastern District of Texas.

Before REAVLEY, JONES and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Compass Group USA Inc., individually, doing business as Chartwells ("Chartwells"), appeals the jury verdict in favor of Brandon Bryant ("Bryant") for unlawful termination under Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e, et seq. Chartwells challenges the jury's finding that it terminated Bryant either because of his race or because he had filed an Equal Employment Opportunity Commission ("EEOC") charge of discrimination.

I

Chartwells employed Bryant, a white male, as a cook at their Lamar University food services operation. Chartwells provides food and beverage services to educational facilities as an independent contractor.

Bryant sought promotion at Chartwells to an open executive chef position, which was ultimately filled by Ricardo Saldana, an Hispanic employee. One month later, Chartwells transferred Francelia Madrigal, Saldana's sister-in-law, to its Lamar operation. Bryant filed a discrimination charge with the EEOC on March 26, 2002, alleging reverse race discrimination. Specifically, he claimed that Chartwells subjected him to disparate terms and conditions of employment—including by Saldana and Madrigal—and that Chartwells' management denied him a promotion to the executive chef position because of his race.

Ten days later, on April 6, 2002, Bryant, Madrigal, and Saldana worked at a bat mitzvah at a recreational area on the Lamar Campus. After the event, Madrigal informed Saldana that she had observed Bryant take an envelope from the gift table and suspected that he had disposed of the envelope in the trash behind the dining hall. Madrigal claims she looked for the envelope, but it was too dark to see anything, so she returned the following day and found three envelopes and three checks in the trash. She informed Saldana about the checks and provided a statement to Max Mitchell, the food services director for Chartwells at Lamar. Maria Ortiz, another Chartwells employee who worked at the bat mitzvah the night before, gave a statement to Lamar University police officer Daniel Bowden.

Bryant was asked to speak with Bowden the following day when he arrived at work. Bryant agreed to pay back the $26 that he claimed represented the missing cash from the envelopes but he included a note to the girl's mother stating that he was paying the money under duress and that he maintained his innocence. Bowden informed Chartwells that Bryant confessed to taking the money and agreed to make restitution. Chartwells terminated Bryant's employment, claiming the termination was based on the police officer's statement that Bryant confessed to the theft.

Bryant filed suit asserting that Chartwells racially discriminated against him by subjecting him to adverse terms and conditions of employment, denying him a promotion to executive chef, and terminating his employment. Bryant further claimed that Chartwells unlawfully retaliated against him for filing a discrimination charge with the EEOC by terminating his employment.¹

The district court submitted Bryant's claims of unlawful reduction in work hours, denial of promotion, and termination of employment claims to the jury.² The jury found: (1) for Bryant on the termination claim; (2) for Chartwells on the promotion claim; and (3) for Bryant on the unlawful discrimination in the reduction in hours claim, but that Chartwells would have reduced Bryant's hours regardless of the unlawful motivation. The jury awarded Bryant: (1) $42,500 in actual damages; (2) $160,000 in compensatory damages; and (3) $350,000 in punitive damages. In addition, the court awarded Bryant $36,500 in attorneys' fees and $3,093.16 in costs. The district court granted Chartwells' motion for judgment as a matter of law ("JMOL") on punitive damages and granted a remittitur on the compensatory damage award to $150,000 and actual damages to $32,556.22. Bryant accepted the remittitur.

II

Title VII prohibits an employer from "discharg[ing] an individual, or otherwise discriminat[ing] against any individual ... because of such individual's race." 42 U.S.C. § 2000e-2(a)(1). Title VII also prohibits retaliation by employers against employees who have filed a charge of discrimination. 42 U.S.C. § 2000e-3(a). The jury affirmatively answered a single question asking them to determine whether Bryant's race or retaliation for his filing of an EEOC charge of discrimination was a substantial or motivating factor in his termination. Chartwells appeals the judgment in favor of Bryant, arguing the district court's denial of its motion for JMOL should be reversed.

We review a district court's denial of a motion for JMOL de novo. Thomas v. Tex. Dep't of Criminal Justice, 220 F.3d 389, 392 (5th Cir.2000). A motion for JMOL should be granted if "there is no legally sufficient evidentiary basis for a reasonable jury to find for a party." FED.R.CIV.P. 50(a). Thus, "if reasonable persons could differ in their interpretations of the evidence, then the motion should be denied." Thomas, 220 F.3d at 392 (citing Baltazor v. Holmes, 162 F.3d 368, 373 (5th Cir.1998)). "A post-judgment motion for judgment as a matter of law should only be granted when `the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict.'" Id. (quoting Waymire v. Harris County, Tex., 86 F.3d 424, 427 (5th Cir.1996)). The jury's verdict is afforded great deference. Thus, when evaluating the sufficiency of the evidence, we view all evidence and draw all reasonable inferences in the light most favorable to the verdict. Id.

Chartwells argues that the district court erred in failing to grant its JMOL motion on Bryant's unlawful termination claim because there was insufficient evidence for a reasonable jury to find that Bryant's race or his EEOC claim was a motivating factor it its decision to terminate his employment. Chartwells raises three arguments: (1) Bryant failed to establish a prima facie case of unlawful termination; (2) Bryant did not offer sufficient evidence to establish that Chartwells' reason for termination was a pretext for discrimination or if true, was only one of the reasons for its conduct, and another "motivating factor" was the plaintiff's race or retaliation for his filing of an EEOC claim; and (3) Chartwells offered sufficient evidence that it would have made the same adverse employment decision regardless of any unlawful animus.

"[W]hen, as here, a case has been fully tried on its merits, we do not focus on the McDonnell Douglas³ burden-shifting scheme. Instead, we inquire whether the record contains sufficient evidence to support the jury's ultimate findings." Smith v. Berry Co., 165 F.3d 390, 394 (5th Cir.1999) (footnoted added). See also Rutherford v. Harris County, 197 F.3d 173, 180-81 (5th Cir. 1999); Vaughn v. Sabine County, 104 Fed.Appx. 980, 982 (5th Cir.2004). "We need not parse the evidence into discrete segments corresponding to a prima facie case, an articulation of a legitimate, nondiscriminatory reason for the employer's decision, and a showing of pretext. `When a case has been fully tried on the merits, the adequacy of a party's showing at any particular stage of the McDonnell Douglas ritual is unimportant.'" Vaughn, 104 Fed.Appx. at 982 (quoting Travis v. Bd. of Regents of Univ. of Tex. Sys., 122 F.3d 259, 263 (5th Cir.1997)). Therefore, under a de novo review, this court must determine whether the record contains sufficient evidence for a reasonable jury to determine that Chartwells' stated reason for terminating Bryant was pretext or that while true, it was only one of the reasons for its conduct, and another "motivating factor" was the plaintiff's race or retaliation for his filing of an EEOC claim.

Chartwells asserts that it terminated Bryant's employment for a legitimate, non-discriminatory reason—namely that he was suspected of committing theft or that he committed theft. Chartwells claims that it maintained a policy, as stated in its General Rules and Provisions, that provided for immediate termination for "theft, reasonable suspicion of theft or accessory to theft." Bryant argues that Chartwells' reason is mere pretext for its actual motive for terminating his employment—namely that he had filed an EEOC charge alleging reverse race discrimination only three weeks prior to the events that resulted in his termination. "[T]he factfinder's rejection of the employer's legitimate, nondiscriminatory reason for its action does not compel judgment for the plaintiff ... [although] it is permissible for the trier of fact to infer the ultimate fact of discrimination from the falsity of the employer's explanation." Reeves v. Sanderson Plumbing Products Inc., 530 U.S. 133, 146-47, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (emphasis in original).

Bryant relies heavily on the close proximity of time between the events to demonstrate that Chartwells' reason for his termination was pretextual. In addition, Bryant claims that management's decision to have Saldana memorialize Bryant's past transgressions also demonstrates that its true reason for terminating him was retaliation for his filing of the EEOC claim. There is no evidence, however, that this memorandum or Bryant's alleged past transgressions was the basis for his termination.

Bryant's remaining arguments focus on his innocence and that his confession...