Cochrane v. Houston Light and Power Co.
| Decision Date | 24 February 1998 |
| Docket Number | Civil Action No. G-96-567. |
| Citation | 996 F.Supp. 657 |
| Parties | Linda COCHRANE v. HOUSTON LIGHT AND POWER COMPANY. |
| Court | U.S. District Court — Southern District of Texas |
Scott Adam Sanes, Houston, TX, R. Keith Vaughan, Carabin and Shaw, San Antonio, TX, for Plaintiff.
Maria Wyckoff Boyce, Matthew P. Eastus, Maryanne Lyons, Baker & Botts, Houston, TX, for Defendant.
ORDER GRANTING SUMMARY JUDGMENT
Plaintiff, a Hispanic female, was hired in 1984 to work at Defendant's South Texas Nuclear Project. Initially hired as a chemical aide in the Chemistry Operations and Analysis Division, Plaintiff now is a senior chemical technician who continues to work for Defendant in that division. Since the beginning of her employment, Plaintiff has filed various grievances with management and has repeatedly met with management or the human resources department regarding work-related complaints. Plaintiff brought this case on March 1, 1996 alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., "general negligence," negligent hiring, negligent supervision, negligent retention, and intentional infliction of emotional distress. Plaintiff also alleges discrimination in violation of the Texas Labor Code, TEX. LABOR CODE ANN. § 21.001 et seq., and the Equal Pay Act, 29 U.S.C. § 206(d). Now before the Court is Defendant's Motion for Summary Judgment. For the reasons that follow, Defendant's Motion is hereby GRANTED. Consequently, all of Plaintiff's claims are hereby DISMISSED WITH PREJUDICE.
Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. See FED. R. CIV. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). When a motion for summary judgment is made, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Issues of material fact are "genuine" only if they require resolution by a trier of fact. See id. at 248, 106 S.Ct. at 2510. The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Only disputes over facts that might affect the outcome of the lawsuit under governing law will preclude the entry of summary judgment. See id. at 247-48, 106 S.Ct. at 2510. If the evidence is such that a reasonable fact-finder could find in favor of the nonmoving party, summary judgment should not be granted. See id.; see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Dixon v. State Farm Fire & Casualty Co., 799 F.Supp. 691 (S.D.Tex.1992) (). Determining credibility, weighing evidence, and drawing reasonable inferences are left to the trier of fact. See Anderson, 477 U.S. at 255, 106 S.Ct. at 2513.
In this case, Plaintiff alleges she was discriminated against because of her sex and race. Plaintiff also alleges that Defendant retaliated against her after she complained of such mistreatment. Section 703(a)(1) of Title VII of the Civil Rights Act of 1964 provides in relevant part:
It shall be an unlawful employment practice for an employer 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.
42 U.S.C. § 2000e-2(a)(1). Title VII also prohibits an employer from retaliating against any of its employees for asserting their rights under Title VII. See id. § 2000e-3(a). Plaintiff's Title VII claims require a showing of intentional discrimination. The Fifth Circuit applies the burden shifting analytical framework first established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), to analyze claims under Title VII. See, e.g., Long v. Eastfield College, 88 F.3d 300, 304 (5th Cir. 1996) (); Johnson v. Chapel Hill Indep. Sch. Dist., 853 F.2d 375, 381 (5th Cir.1988) ().1
Under the familiar McDonnell Douglas/Burdine framework, the Court employs a three-part test designed to determine Defendant's motivation in taking the challenged action. See McDonnell Douglas, 411 U.S. at 803-04, 93 S.Ct. at 1824-25; Burdine, 450 U.S. at 252-54, 101 S.Ct. at 1093-94. First, Plaintiff is required to establish a prima facie case, wherein she must establish the elements of the discrimination claim. If Plaintiff proves her prima facie case, a presumption of discrimination arises. See Bodenheimer v. PPG Industries, Inc., 5 F.3d 955, 957 (5th Cir.1993). The burden of production then shifts to Defendant to rebut this presumption by articulating a legitimate, nondiscriminatory reason for the alleged discriminatory action. See Olitsky v. Spencer Gifts, Inc., 964 F.2d 1471, 1478 n. 19 (5th Cir.1992). Defendant meets this burden by proffering admissible evidence of an explanation that would be legally sufficient to justify a judgment for Defendant. See Guthrie v. Tifco Indus., 941 F.2d 374, 376 (5th Cir. 1991). Defendant need not persuade the trier of fact that there was no intentional discrimination; it need only produce evidence on that point. See Hicks, 509 U.S. at 507-08, 113 S.Ct. at 2747-48. Third, once Defendant satisfies this burden, the presumption of discrimination established by Plaintiff's prima facie case dissolves. See Burdine, 450 U.S. at 255 n. 10, 101 S.Ct. at 1095 n. 10. Plaintiff's burden of persuasion then arises, and she must produce evidence that Defendant's proffered reasons are mere pretexts, the real reason for the action having been based on an impermissible animus. See id. at 256, 101 S.Ct. at 1095; Bodenheimer, 5 F.3d at 959. Plaintiff may succeed at this juncture, either by persuading the Court that a discriminatory reason more likely motivated Defendant, or by showing that Defendant's proffered reason is unworthy of credence. See Burdine, 450 U.S. at 256, 101 S.Ct. at 1095. The ultimate burden of proof of intentional discrimination rests at all times with Plaintiff. See Hicks, 509 U.S. at 507, 113 S.Ct. at 2749.
Summary judgment is particularly appropriate when the Court is evaluating evidence at the "pretext" stage of the McDonnell Douglas analysis.
"[I]t is relatively easy both for a plaintiff to establish a prima facie case and for a defendant to articulate a legitimate, nondiscriminatory reason for his decision." ... In the context of summary judgment ..., the question is not whether the plaintiff proves pretext, but rather whether the plaintiff raises a genuine issue of fact regarding pretext.
Britt v. The Grocers Supply Co., 978 F.2d 1441, 1450 (5th Cir.1992) (quoting Amburgey v. Corhart Refractories Corp., 936 F.2d 805, 811 (5th Cir.1991) (citations omitted)). Speculation and belief are insufficient to create a fact issue as to pretext. See Britt, 978 F.2d at 1451. Nor can pretext be established by mere conclusory statements of a plaintiff who feels that she has been discriminated against. See E.E.O.C v. Exxon Shipping Co., 745 F.2d 967, 976 (5th Cir.1984).
Plaintiff alleges that after complaining to management of maltreatment, she was labeled a trouble maker, was disciplined, and had a grievance filed against her. Additionally, she argues that after filing a grievance, an unidentified person tampered with her "instrumentation," no one talked to her, she was counseled for sending e-mail messages,2 and another Hispanic woman was scheduled on the day shift and she was not. In her Response to Defendant's Summary Judgment Motion, Plaintiff also asserts that she was denied the opportunity for promotions and was denied the chance for better jobs because she "spoke out." She does not, however, identify the jobs or promotions to which she refers.3 To establish a prima facie case of retaliation under Title VII, Plaintiff must demonstrate that she engaged in protected activity; that an adverse employment action occurred; and that there is a causal connection between the protected activity and the adverse employment action. See Ray v. Tandem Computers, Inc., 63 F.3d 429, 435 n. 22 (5th Cir.1995).
Defendant argues that even if the Court accepts as true Plaintiff's allegations, Plaintiff cannot establish the required "adverse employment action" to support her retaliation claim. This Court agrees. In Mattern v. Eastman Kodak Co., 104 F.3d 702 (5th Cir.), cert. denied, ___ U.S. ___, 118 S.Ct. 336, 139 L.Ed.2d 260 (1997), the Fifth Circuit discussed the definition of "adverse employment action" as that term is applied in retaliation cases under Title VII:
The import of these cases ... is the long-held rule that Title VII's anti-retaliation provision refers to ultimate employment decisions, and not to an "interlocutory or mediate" decision which can lead to an ultimate decision. Obviously, this reading is grounded in the language of Title VII. As quoted earlier, the anti-retaliation provision states that employers shall not "discriminate" against employees for taking action protected by Title VII. In defining this term, we look, of course, to other Title VII sections for guidance; in this case, the preceding section is helpful.
That section [2000e-2] states, in part, that it is unlawful to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms,...
To continue reading
Request your trial
-
Washington v. Occidental Chemical Corp.
... ... Page 720 ... Gary T. Lester, Attorney at Law, Houston, TX, for Subrina K. Washington, plaintiff ... Holly ... See Cochrane v. Houston Light & Power Co., 996 F.Supp. 657, 662-66 (S.D.Tex ... ...