Lois Davis v. Fort Bend County

765 F.3d 480, 2014 U.S. App. LEXIS 16470, 98 Empl. Prac. Dec. (CCH) 45,138, 124 Fair Empl. Prac. Cas. (BNA) 101, 2014 WL 4209371
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 26, 2014
Docket13-20610
StatusPublished
Cited by121 cases

This text of 765 F.3d 480 (Lois Davis v. Fort Bend County) 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.

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Lois Davis v. Fort Bend County, 765 F.3d 480, 2014 U.S. App. LEXIS 16470, 98 Empl. Prac. Dec. (CCH) 45,138, 124 Fair Empl. Prac. Cas. (BNA) 101, 2014 WL 4209371 (5th Cir. 2014).

Opinions

EDWARD C. PRADO, Circuit Judge:

Plaintiff-Appellant Lois M. Davis (“Davis”) filed suit against her former employer, Defendant-Appellee Fort Bend County (“Fort Bend”), alleging discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2000e-17 (“Title VII”). The district court granted Fort Bend’s motion for summary judgment on both claims. For the reasons stated below, we affirm in part and reverse in part.

L FACTUAL AND PROCEDURAL BACKGROUND

Fort Bend hired Davis in December 2007 as a Desktop Support Supervisor responsible for supervising about fifteen information technology (“IT”) technicians. Charles Cook (“Cook”) was the IT Director at the time. In November 2009, he hired his personal friend and fellow church member, Kenneth Ford (“Ford”), as Davis’s supervisor.

On or about April 1, 2010, Davis filed a complaint with Fort Bend’s Human Resources Department, alleging that Cook subjected her to constant sexual harassment and assaults soon after her employment began. Fort Bend placed Davis on Family Medical Leave Act (“FMLA”) leave during its investigation of her complaint. The investigation substantiated Davis’s allegations against Cook and ultimately led to Cook’s resignation on April 22, 2010.

According to Davis, Ford immediately began retaliating against her when she returned to work from FMLA leave. She alleged that Ford “effectively” demoted her by reducing the number of her direct reports from fifteen to four; removed her from projects she had previously managed; superseded her authority by giving orders and assigning different projects and tasks directly to Davis’s staff; removed her administrative rights from the computer server; and assigned her tasks that similarly situated employees were not required to perform.

In March 2011, Fort Bend prepared to install personal computers, network components, and audiovisual equipment into its newly built Fort Bend County Justice Center. All technical support employees, including Davis, were involved in the process. As the Desktop Support Supervisor, Davis and her team were to “assist with the testing of the computers [and] make sure all of the computers had been set up properly.” The installation was scheduled for the weekend of July 4, 2011, and all employees were required to be present.

On June 28, 2011, Davis informed Ford that she would not be available to work the morning of Sunday July 3, 2011, allegedly “due to a previous religious commitment.” Davis testified that “[i]t was a special church service, and that I needed to be off that Sunday!,] ... but I would be more than willing to come in after church services.” Davis also testified that she had arranged for a replacement during her [484]*484absence, as she had done in the past. Ford did not approve her absence, stating that it “would be grounds for a write-up or termination.” After Davis attended her church event and did not report to work, Fort Bend terminated Davis’s employment.

Davis filed suit against Fort Bend, alleging retaliation and religious discrimination under Title VII, and intentional infliction of emotional distress. The district court granted Fort Bend’s motion for summary judgment on all claims and dismissed Davis’s action. Davis timely appealed the district court’s grant of summary judgment. On appeal, Davis challenges the grant of summary judgment on her Title VII claims, but not on her intentional infliction of emotional distress claim.

II. JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction over Davis’s Title VII claims pursuant to 42 U.S.C. § 2000e-5(f)(3). Because this is an appeal of a final judgment of a district court, this court has jurisdiction under 28 U.S.C. § 1291.

This court reviews the district court’s ruling on summary judgment de novo, applying the same standard as the district court in the first instance. Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir.2007) (citation omitted). “Summary judgment should be granted when the moving party shows that ‘there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’ ” Willis v. Cleco Corp., 749 F.3d 314, 317 (5th Cir.2014) (quoting Fed.R.Civ.P. 56(a)). A genuine dispute of material fact exists when the “ ‘evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Royal v. CCC & R Tres Arboles, L.L.C., 736 F.3d 396, 400 (5th Cir.2013) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

“[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to “the nonmoving party to go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’” Id. at 324, 106 S.Ct. 2548. The court must “draw all reasonable inferences in favor of the nonmoving party” and “refrain from making credibility determinations or weighing the evidence.” Turner, 476 F.Sd at 343 (citation and internal quotation marks omitted). A party cannot “defeat summary judgment with concluso-ry allegations, unsubstantiated assertions, or ‘only a scintilla of evidence.’ ” Id. (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc) (per curiam)).

III. DISCUSSION

Davis argues that the district court erred when it granted summary judgment for Fort Bend as to her Title VII religious discrimination claim and as to her retaliation claim. We address each argument in turn below.

A. Davis’s Title VII Religious Discrimination Claim

As explained below, the district court erred when it granted summary judgment in favor of Fort Bend on Davis’s Title VII religious discrimination claim. [485]*485Title VII prohibits an employer from discriminating against an employee on the basis of her religion. 42 U.S.C. §§ 2000e-2(a)(1), 2000e(j). “An employer has the statutory obligation to make reasonable accommodations for the religious observances of its employees, but is not required to incur undue hardship.” Weber v. Roadway Express, Inc., 199 F.3d 270, 273 (5th Cir.2000).

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765 F.3d 480, 2014 U.S. App. LEXIS 16470, 98 Empl. Prac. Dec. (CCH) 45,138, 124 Fair Empl. Prac. Cas. (BNA) 101, 2014 WL 4209371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lois-davis-v-fort-bend-county-ca5-2014.