Hernandez v. Yellow Transportation, Inc.

641 F.3d 118, 2011 U.S. App. LEXIS 9696, 94 Empl. Prac. Dec. (CCH) 44,174, 112 Fair Empl. Prac. Cas. (BNA) 417, 2011 WL 1796366
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 12, 2011
DocketNo. 09-10183
StatusPublished
Cited by38 cases

This text of 641 F.3d 118 (Hernandez v. Yellow Transportation, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. Yellow Transportation, Inc., 641 F.3d 118, 2011 U.S. App. LEXIS 9696, 94 Empl. Prac. Dec. (CCH) 44,174, 112 Fair Empl. Prac. Cas. (BNA) 417, 2011 WL 1796366 (5th Cir. 2011).

Opinion

LESLIE H. SOUTHWICK, Circuit Judge:

Employees at a terminal for a trucking company brought claims of race discrimi[123]*123nation, retaliation, and hostile work environment against their employer. The district court granted summary judgment to the defendant on some plaintiffs’ claims and allowed an immediate appeal. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

Rubin Hernandez, John Ketterer, and Abram Trevino (“Plaintiffs”) were employed at Yellow Transportation’s Dallas terminal. The evidence reveals a workplace that could be quite mean-spirited, crude, and insulting. The issue for us to decide is whether federal rights were violated.

We give an evidentiary overview at this point, relying on the facts admitted in the district court. Hernandez, who is Mexican-American, worked as a shuttle driver and hostler from 1993 until 2007. He brought claims of discrimination, retaliation, and hostile work environment. As to the discrimination claim, Hernandez had a disagreement with a coworker, threatened him, and was fired for violating workplace policy regarding such conduct. The coworker, who was not a passive victim in the altercation, exchanging derogatory remarks with Hernandez, received a lesser penalty.

To support the hostile work environment claim, Hernandez alleges he either personally experienced or witnessed race-based and non-race-based harassment while employed at Yellow Transportation. The retaliation claim seeks to connect his termination with earlier formal claims and informal complaints about discrimination.

Ketterer, who is Caucasian, has been employed as a dock worker since 1990. He claims there was a hostile work environment. He also says he suffered retaliation based in part on twice being fired and later reinstated after serving a suspension. He alleges to have engaged in protected activity by picketing against Yellow Transportation’s treatment of minorities.

Ketterer’s hostile work environment claim also rests upon race-based and non-race-based harassment he either witnessed or personally suffered as a result of his association with minority employees. He contends his protected status results from his association with black and Hispanic employees.

Trevino, who is Mexiean-Ameriean, has worked as a dock worker since 1984. He brought only a claim of hostile work environment. He also claims to have experienced or witnessed race-based and non-race-based harassment while employed at Yellow Transportation.

Plaintiffs are members of the local chapter of the International Brotherhood of Teamsters. A collective bargaining agreement governs the terms of their employment. Plaintiffs filed charges with and received right-to-sue letters from the Equal Employment Opportunity Commission (“EEOC”) and the Texas Commission on Human Rights.

They filed suit in the U.S. District Court for the Northern District of Texas, claiming race discrimination, retaliation, and hostile work environment. Plaintiffs’ claims were brought under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Texas Commission on Human Rights Act, Tex. Labor Code Ann. §§ 21.001-21.556. The relevant claims under each of these statutes are analyzed under the same standard. Jones v. Robinson Prop. Group, L.P., 427 F.3d 987, 992 (5th Cir.2005); Shackelford v. Deloitte & Touche, LLP, 190 F.3d 398, 404 n. 2 (5th Cir.1999).

Yellow Transportation was granted summary judgment on all claims brought by these Plaintiffs. Other plaintiffs remained [124]*124in the suit. A determination was made by the district court that there was no just reason for delay, and the ruling on these parties and claims was made a final judgment. See Fed.R.Civ.P. 54(b). These three plaintiffs then filed a timely appeal.

Chief District Judge Fitzwater’s opinion granting judgment is thorough and well-reasoned. Arrieta v. Yellow Tramp., Inc., No. 3:05-CV-2271, 2008 WL 5220569 (N.D.Tex. Dec.12, 2008) (unpublished). In our analysis, we will refer to that opinion for a more comprehensive explanation of some allegations.

DISCUSSION

We review a district court’s grant of summary judgment de novo and apply the same standards as the district court. Adams v. Travelers Indem. Co. of Conn., 465 F.3d 156, 163 (5th Cir.2006). Summary judgment is proper if the pleadings and evidence show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., All U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Fed.R.Civ.P. 56(a). “We construe all facts and inferences in the light most favorable to the nonmoving party when reviewing grants of motions for summary judgment.” Murray v. Earle, 405 F.3d 278, 284 (5th Cir.2005) (citation omitted). “If the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, then there is no genuine issue for trial.” Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428, 433 (5th Cir.2005) (quotation marks and citation omitted).

Plaintiffs group their arguments of error around four of the dismissals by the district court: (A) Hernandez and Trevino’s hostile work environment claims, (B) Ketterer’s hostile work environment claim, (C) Ketterer’s retaliation claim, and (D) Hernandez’s retaliation and race discrimination claims. In response, Yellow Transportation argues that Plaintiffs at times highlight facts from the voluminous summary judgment record that were not identified for the district court and therefore were not considered in ruling on summary judgment.

The argument that new material cannot be presented on appeal is a legally valid one, though we need to determine whether factually it is applicable here. A district court’s decision on summary judgment is largely controlled by what the parties presented. If somewhere in a record there is some evidence that might show a dispute of material fact, the district court needs to be pointed to that evidence as opposed to having to engage in an extensive search. Fed.R.Civ.P. 56(c); Jones v. Sheehan, Young & Culp, P.C., 82 F.3d 1334, 1338 (5th Cir.1996). The district court “considered all the evidence that plaintiffs’ properly cited in their summary judgment briefing, and it had no duty to comb the entire record” for other evidence. Arrieta v. Yellow Transp., Inc., No. 3:05-CV-2271, 2009 WL 129731, *2 (N.D.Tex. Jan. 20, 2009) (unpublished). We agree.

A.

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641 F.3d 118, 2011 U.S. App. LEXIS 9696, 94 Empl. Prac. Dec. (CCH) 44,174, 112 Fair Empl. Prac. Cas. (BNA) 417, 2011 WL 1796366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-yellow-transportation-inc-ca5-2011.