Michael v. City of Dallas

• Decision Date: 10 June 2010
• Docket Number: No. 05-09-00210-CV.,05-09-00210-CV.
• Citation: 314 S.W.3d 687
• Parties: Steven C. MICHAEL, Appellant, v. CITY OF DALLAS, Appellee.
• Court: Texas Court of Appeals

314 S.W.3d 687

Steven C. MICHAEL, Appellant, v. CITY OF DALLAS, Appellee.

No. 05-09-00210-CV.

Court of Appeals of Texas, Dallas.

June 10, 2010.

W.D. Masterson, John H. Crouch, Kilgore & Kilgore, Inc., Dallas, for Appellant.

Jason D. McClain, Barbara E. Rosenberg, City of Dallas Attorney's Office, Dallas, for Appellee.

Before Justices MOSELEY, RICHTER, and FRANCIS.

OPINION

Opinion By Justice RICHTER.

Appellant, Steven C. Michael, filed suit against the City of Dallas alleging he was wrongfully discharged because of his race and disability. The trial court granted the City's motion for summary judgment and Michael appeals. In a single issue, Michael contends the trial court erred when it granted the City's motion for summary judgment. We affirm the trial court's judgment.

BACKGROUND

Michael was hired by the City on April 11, 2007, as an Environmental Inspector III for the City of Dallas Water Department. This is a civil service position that requires the employee to serve a six-month probationary period, during which time they are an at-will employee and can be discharged at any time. Michael is a white male and it is not disputed that he is disabled. Michael disclosed the existence of his disability on his application and to his immediate supervisor, Yilam Zerihun. Zerihun made accommodations for Michael's disability, including limiting his lifting to under 20 pounds and approving time off to schedule doctor's visits. Michael characterized Zerihun as being "irritated" with his taking time off for medical appointments. The evidence showed Zerihun merely suggested that Michael schedule his appointments on Friday, the day he is off, and Michael agreed.

Morgan Dadgostar, Senior Program Manager for the City Water department, had final hiring and firing approval over Michael. Dadgostar did not interview Michael before he was hired and did not know he was disabled, but did know he was white. Michael was the highest paid employee in his section and the increased starting salary had been requested by Dadgostar.

Within three weeks after Michael was hired, one of his co-workers, Shavonn Stearns reported to Zerihun that Michael had made violent threats that he "may need to bring his 45" to work to deal with "the pickiness of our supervisor" and "blowing up this place." Zerihun reported the complaint to her supervisor, Maurice Akech, and Akech notified Dadgostar. Dadgostar met with Stearns to discuss her report and asked her to put it into writing. Stearns had been employed by the City for approximately seven years and had never made a complaint like this. Michael acknowledged that he had a license to manufacture and sell guns, and that this was known by his co-workers.

After Dadgostar interviewed Stearns, Dadgostar concluded she believed Stearns and Stearns had no reason to make up the allegations. Dadgostar proceeded to investigate what action she should take. Dadgostar knew the City had a zero-tolerance policy on any types of threats or violence in the workplace. She consulted with the human resources department ("HR") to determine what action to take. The senior human resource analyst advised Dadgostar that the City had a written prohibition and zero tolerance policy on any type of threats in the workplace and that any probationary employee like Michael should be, and in similar circumstances had been, discharged.

Dadgostar notified the Dallas police department, but did not contact any other law enforcement agencies. Dadgostar scheduled a meeting with Michael and had two plain clothed Dallas police officers, Zerihun, and an HR representative present. At that meeting Dadgostar gave Michael a letter stating that he was being discharged for failure of his initial probation period. Dadgostar did not reveal Stearns's complaint because she was concerned about her safety. Michael asked why he was being terminated, but no further reason was provided. He asked if it was because of his disability, and he said that his statement appeared to surprise everyone. Dadgostar stated that this was the first time she learned of Michael's disability. For the following two weeks, Dadgostar arranged to have a private security firm monitor the work-site to ensure there were no incidents.

Dadgostar later replaced Michael with another white male. Dadgostar is a female of Iranian descent; Zerihun, Akech, and Stearns are all African American. The City did not disclose the charges made by Stearns until it was required to do so by the Attorney General's Office. Michael denies he made the statements and characterizes them as "bizarre and extreme." He also alleges Stearns was a "disgruntled employee who felt she was `unappreciated,' who felt her compensation was `inadequate,' and who resigned two months after getting Plaintiff fired." Michael maintains that he was fired because he is a white male and because he is disabled.

STANDARD OF REVIEW FOR SUMMARY JUDGMENT

On appeal, we review a summary judgment de novo to determine whether a party's right to prevail has been established as a matter of law. Stancu v. Stalcup, 127 S.W.3d 429, 431-32 (Tex.App.-Dallas 2004, no pet.). With a traditional motion for summary judgment the movant must establish that there is no genuine issue of material fact and he is entitled to judgment as a matter of law. TEX. R. CIV. P. 166a(c). A defendant is entitled to summary judgment when he disproves one of the essential elements of the plaintiff's claim. Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex.1991). After the moving party presents evidence showing it is entitled to summary judgment, the burden shifts to the nonmovant to present evidence of any issues of material fact that would preclude summary judgment. Walker v. Harris, 924 S.W.2d 375, 377 (Tex.1996). When the trial court grants summary judgment without stating the grounds for doing so, we must consider all grounds presented in the motion for summary judgment and affirm the trial court if any of the theories has merit. Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989).

EMPLOYMENT DISCRIMINATION CLAIMS

Applicable Law

Under the Texas Commission on Human Rights Act ("TCHRA"), it is unlawful for an employer to discharge an employee, because of the employee's race, color, disability, religion, sex, national origin, or age of the employee. TEX. LAB. CODE ANN. § 21.051(1) (Vernon 2006). The TCHRA is modeled on federal law to execute the policies of Title VII of the Civil Rights Act of 1964, and subsequent amendments, and execute the policies in Title I of the Americans with Disabilities Act of 1990 ("ADA"), and its subsequent amendments. TEX. LAB.CODE ANN. § 21.001(1) and (3) (Vernon 2006). Accordingly, when we address an issue brought under the TCHRA we may consider federal cases interpreting the analogous provision. Caballero v. Central Power & Light Co., 858 S.W.2d 359, 361 (Tex.1993).

In an employment discrimination case based upon circumstantial evidence the employee has the initial burden of proving a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 142-43, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). To establish a prima facie case of employment discrimination the plaintiff must show (1) he was a member of a protected class, (2) he was qualified for his employment position, (3) he was subject to an adverse employment decision, and (4) he was replaced by someone outside of the protected class, or he was treated less favorably than similarly situated members of the opposite class (disparate treatment cases). McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817; Reeves, 530 U.S. at 142, 120 S.Ct. 2097; Ysleta Ind. School Dist. v. Monarrez, 177 S.W.3d 915, 917 (Tex.2005) (disparate treatment case). Once the plaintiff has established a prima facie case of discrimination, the burden shifts to the defendant to show that the employee was terminated for a legitimate, non discriminatory purpose. Reeves, 530 U.S. at 142, 120 S.Ct. 2097. If the defendant proffers a legitimate reason for the adverse employment decision, the burden shifts back to the plaintiff to show either (1) the reason stated by the employer was a pretext for discrimination, or (2) the defendant's reason, while true, was only one reason for its conduct and discrimination is another motivating factor ("mixed motive"). Rachid v. Jack in the Box, Inc., 376 F.3d 305, 312 (5th Cir.2004); McCoy v. Texas Instruments, Inc., 183 S.W.3d 548 (Tex.App.-Dallas 2006, no pet.).

Michael alleged in his original petition, and in response to the City's motion for summary judgment, that the real reason he was fired was because his African American managers discriminated against him because of his race, and the City was concerned that his disability would cause the City to incur large medical expenses. Michael alleged that as a result of this discrimination, he "suffered disparate treatment." The City argued that it was entitled to...