McCoy v. City of Shreveport

• Decision Date: 11 July 2007
• Docket Number: No. 06-30453.,06-30453.
• Citation: 492 F.3d 551
• Parties: Erma McCOY, Plaintiff-Appellant, v. CITY OF SHREVEPORT, Defendant-Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

492 F.3d 551

Erma McCOY, Plaintiff-Appellant, v. CITY OF SHREVEPORT, Defendant-Appellee.

No. 06-30453.

United States Court of Appeals, Fifth Circuit.

July 11, 2007.

Hersy Jones, Jr., Shreveport, LA, for Plaintiff-Appellant.

S. Price Barker, Cook, Yancey, King & Galloway, Shreveport, LA, for Defendant-Appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Erma McCoy, a former lieutenant with the Shreveport Police Department (SPD), appeals from the district court's summary-judgment dismissal of her employment discrimination suit against the City of Shreveport (the City). We affirm.

I. FACTS & PROCEEDINGS

Erma McCoy, a black female, worked for the SPD as a permanent police officer from December 1981 until her retirement in December 2003. McCoy attained the rank of lieutenant in February 2002. In July 2003, McCoy filed a grievance with SPD's Internal Affairs Bureau (IAB) alleging that a subordinate officer, Sergeant Ed Jackson, who is white, harassed her by twice throwing wadded-up paper in her face and by repeatedly entering her office only to stare at her and laugh in mocking derision. As McCoy's grievance involved allegations of workplace harassment, SPD also forwarded it to the personnel department of the City for its separate review. Both the City and SPD concluded that Sergeant Jackson's conduct did not constitute harassment, and City personnel recommended that both Sergeant Jackson and McCoy be counseled about workplace "horseplay."

The following month, Captain Rick Walker, McCoy's supervisor, informed her that her harassment complaint had not been substantiated and cautioned her against future workplace horseplay. When she received this news and caution, McCoy became extremely upset and questioned the thoroughness with which the SPD and the City had investigated her complaint. Captain Walker told McCoy that she could speak to the Chief of Police if she was dissatisfied with the way the investigation had been conducted. She declined, however, then began crying uncontrollably, reportedly telling Captain Walker that she "knew it would come back this direction, this way and that's the reason why we have violence in the workplace and that if they're not going to take care of it, then I'll take care of it." McCoy denies making this statement but admits that she was in an emotional state and acknowledges telling Captain Walker that she would "not take this lying down." McCoy also remembers Captain Walker being present later when she told a fellow black lieutenant, who had inquired why McCoy was so upset, that "we are not officers, we are not sergeants . . . or lieutenants," but rather "we are black officers ... black sergeants, and black lieutenants, and . . . each time we move up, we become less." McCoy eventually asked to be relieved of duty so that she could see her doctor about the emotional distress she was experiencing.

Captain Walker consulted with two SPD lieutenants who had witnessed McCoy's reaction, and decided that, out of concern for McCoy's safety (and possibly that of others), he should retrieve her gun before she left the police station. McCoy surrendered her gun before leaving work. Captain Walker then informed SPD Assistant Chief Charlie Owens of the events surrounding McCoy's departure. Owens indicated his belief that, because Captain Walker had taken McCoy's gun, he effectively had placed her on administrative (or "departmental") leave. Owens instructed Captain Walker to have McCoy sign the paperwork necessary to process an administrative leave. The next morning, Captain Walker went to McCoy's home, had her fill out the necessary forms, and retrieved her badge.

At some time during the next month, IAB reclassified McCoy's leave as extended sick leave. Captain Walker was informed that his (and Assistant Chief Owens's) designation of McCoy's leave as administrative leave was a mistake. McCoy was paid her full salary throughout her leave.

In December 2003, McCoy informed the SPD that she had decided to retire at the end of the month. She stated that, despite her admiration for the SPD leadership and her general desire to continue serving as a police officer, her health considerations would not allow her to "go on under the circumstances." Specifically, she mentioned concerns about "constantly having to face Ed Jackson, constantly having to look behind my back, constantly having to come in and explain why I did certain things as a lieutenant doing my job."¹ At the time that McCoy submitted her retirement letter, her doctor had not yet released her to return to work, and she still had several months of paid sick leave accumulated.

McCoy filed suit in Louisiana state court in August 2004, alleging that the City had (1) discriminated against her on grounds of race and sex and had retaliated against her, both acts allegedly taken in violation of Title VII, the First Amendment, and Louisiana law, and (2) intentionally caused her emotional distress, in violation of Louisiana Civil Code article 2315. The City removed the case to the district court on federal question jurisdiction. The federal court eventually granted summary judgment in favor of the City on (1) McCoy's discrimination and retaliation claims, because, inter alia, she had suffered no adverse employment action and the conduct of which she complained was not sufficiently severe or pervasive to constitute a hostile work environment; and (2) her Louisiana tort claim, because she could not show conduct by the SPD that met the legal standard for intentional infliction of emotional distress. McCoy timely filed her notice of appeal.

II. ANALYSIS

A. Standard of Review

We review a grant of summary judgment de novo.² Summary judgment is proper only when the movant can demonstrate that there is no genuine issue of material fact and that she is entitled to judgment as a matter of law.³

B. Merits

1. McCoy's Title VII Claims

a. Applicable Title VII Law⁴

Assuming a plaintiff has exhausted his administrative remedies,⁵ he may prove a claim of intentional discrimination or retaliation either by direct or circumstantial evidence. We analyze cases built on the latter, like this one, under the framework set forth in McDonnell Douglas Corp. v. Green.⁶ Under that framework, the plaintiff must first establish a prima facie case of discrimination, which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action by the employer; and (4) was replaced by someone outside his protected group or was treated less favorably than other similarly situated employees outside the protected group.⁷ To establish a prima facie case of retaliation, the plaintiff must establish that: (1) he participated in an activity protected by Title VII; (2) his employer took an adverse employment action against him; and (3) a causal connection exists between the protected activity and the adverse employment action.⁸

If the plaintiff makes a prima facie showing, the burden then shifts to the employer to articulate a legitimate, nondiscriminatory or nonretaliatory reason for its employment action.⁹ The employer's burden is only one of production, not persuasion, and involves no credibility assessment.¹⁰ If the employer meets its burden of production, the plaintiff then bears the ultimate burden of proving that the employer's proffered reason is not true but instead is a pretext for the real discriminatory or retaliatory purpose.¹¹ To carry this burden, the plaintiff must rebut each nondiscriminatory or nonretaliatory reason articulated by the employer.¹²

b. Adverse Employment Action

The district court based its summary judgment dismissal of McCoy's race and sex discrimination and retaliation claims on her inability to demonstrate that she suffered a legally actionable "adverse employment action." Without proving such an action, McCoy cannot make the necessary prima facie cases of discrimination or retaliation.¹³ McCoy argues on appeal that the court erroneously failed to recognize that the City took adverse employment actions both by (1) creating a hostile work environment that caused her "constructive discharge" and (2) taking her gun and badge and placing her on administrative leave.

i. Constructive Discharge

"A constructive discharge occurs when the employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign."¹⁴ In determining whether an employer's actions constitute a constructive discharge, we examine the following relevant factors:

(1) demotion; (2) reduction in salary; (3) reduction in job responsibilities; (4) reassignment to menial or degrading work; (5) badgering, harassment, or humiliation by the employer calculated to encourage the employee's resignation; or (6) offers of early retirement that would make the employee worse off whether the offer were accepted or not.¹⁵

This inquiry is an objective, "reasonable employee," test under which we ask "whether a reasonable person in the plaintiff's shoes would have felt compelled to resign."¹⁶

Even considering the summary judgment evidence here in the light most favorable to McCoy, we are satisfied that a reasonable employee in her position would not have felt compelled to resign. McCoy was not demoted, suffered no reduction in salary, and was paid in full for the entirety of her leave. She was relieved of her job responsibilities, but only at her own request, and SPD never indicated that she would not be reinstated to her previous position when cleared medically to return to work. She was not reassigned to menial or degrading work, and she never received an offer of early retirement. The only actions taken by the SPD in connection with this matter were (1) counseling McCoy against workplace horseplay and (2) retrieving...