Moore v. Mississippi Department of Human Services

6 F. Supp. 3d 713, 2014 U.S. Dist. LEXIS 32644, 2014 WL 991740
CourtDistrict Court, S.D. Mississippi
DecidedMarch 13, 2014
DocketCivil Action No. 3:13-cv-33-DPJ-FKB
StatusPublished
Cited by3 cases

This text of 6 F. Supp. 3d 713 (Moore v. Mississippi Department of Human Services) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Mississippi Department of Human Services, 6 F. Supp. 3d 713, 2014 U.S. Dist. LEXIS 32644, 2014 WL 991740 (S.D. Miss. 2014).

Opinion

ORDER

DANIEL P. JORDAN III, District Judge.

This employment-discrimination case is before the Court on Defendant’s Motion for Summary Judgment [23]. Plaintiff responded in opposition. The Court finds that Defendant’s motion should be granted because Plaintiff failed to establish pretext.

I. Facts and Procedural History

Plaintiff, Angela Moore, began working for Defendant, Mississippi Department of Human Services (DHS), in September 2011. Def.’s Mem. Supp. Summ. J. [24] at 1. As an Eligibility Worker, Plaintiff participated in “flex” time scheduling that allowed her to work from the hours of 8:00 a.m. to 4:30 p.m. Id. at 2. In May of [715]*7152012, DHS ended the “flex” time schedule, and required all Eligibility Workers to maintain office hours of 8:00 a.m. to 5:00 p.m. Pl.’s Compl. [3] at ¶ 8. Plaintiff requested that she continue under “flex” time because of childcare considerations. Pl.’s Mem. Resp. [27] at 1. Defendant denied that request, and one month later, terminated Moore from her position. Def.’s Mem. Supp. Summ. J. [24] at 2. Defendant states that Moore was “insubordinate” and “argumentative with management.” Id. Conversely, Moore alleges that Defendant discriminated against her by allowing Lionel Cooper, a male coworker, to remain on “flex” time. PL’s Compl. [3] at ¶ 9.

Aggrieved by her termination, Moore filed a Charge of Discrimination with the EEOC. The EEOC issued a right-to-sue letter, and Moore filed this action in the Circuit Court for the First Judicial District of Hinds County, Mississippi. Defendant then properly removed the case pursuant to 28 U.S.C. § 1441. Moore’s complaint alleges unlawful sex discrimination in violation of Title VII. Defendant seeks summary judgment on all claims. The Court has personal and subject-matter jurisdiction.

II. Standard of Review

Summary judgment is warranted under Rule 56(c) of the Federal Rules of Civil Procedure when evidence reveals no genuine dispute regarding any material fact and that the moving party is entitled to judgment as a matter of law. The rule “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a sufficient showing to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party moving for summary judgment bears the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the record it believes demonstrate the absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. 2548. The non-moving party must then go beyond the pleadings and designate “specific facts showing that there is a genuine issue for trial.” Id. at 324, 106 S.Ct. 2548. Conclusory allegations, speculation, unsubstantiated assertions, and legalistic arguments are not an adequate substitute for specific facts showing a genuine issue for trial. TIG Ins. Co. v. Sedgwick James of Wash., 276 F.3d 754, 759 (5th Cir.2002); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc); SEC v. Recile, 10 F.3d 1093, 1097 (5th Cir.1993).

When reviewing the evidence, factual controversies are to be resolved in favor of the nonmovant, “but only when ... both parties have submitted evidence of contradictory facts.” Little, 37 F.3d at 1075. If such contradictory facts exist, the court may “not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Prods. Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

III. Analysis

A. Conceded and Abandoned Claims

Moore concedes that her claims of retaliatory discrimination and punitive damages should be dismissed. PL’s Mem. Resp. [27] at 4. Both claims are therefore dismissed, and as such, the only remaining claim is that of sex discrimination.

B. Sex Discrimination

Title VII sex-discrimination claims follow the familiar McDonnell-Douglas burden-shifting analysis. First, [716]*716the plaintiff must establish a prima facie case of discrimination by showing:

(1) [s]he is a member of a protected class, (2) [s]he was qualified for the position at issue, (3) [s]he was the subject of an adverse employment action, and (4) [s]he was treated less favorably because of h[er] membership in that protected class than were other similarly situated employees who were not members of the protected class, under nearly identical circumstances.

Lee v. Kan. City S. Ry. Co., 574 F.3d 253, 259 (5th Cir.2009); see McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). And in the work-rule-violation context, the final prong can be established by proof that the plaintiff did not violate the rule. Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1090 (5th Cir.1995).

If the plaintiff establishes a prima facie case, an inference of discrimination is raised, and the burden shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse-employment action. Lee, 574 F.3d at 259. If such a reason is demonstrated, the plaintiff must ultimately show “that the employer’s explanation is merely a pretext for” discrimination. Id.

The parties agree that Moore satisfies the first three prongs of the McDonnell-Douglas standard. But they dispute whether she satisfies the fourth. According to Moore, she has met this initial burden because she denies any work-rule violations, an argument she supports with her own somewhat conclusory affidavit. Pl.’s Aff. [26-2]. Whether Moore’s affidavit is sufficient is not clear. See Lacy v. Dallas Cowboys Football Club, No. 3:11-CV-0300-B, 2012 WL 2795979, at *7 (N.D.Tex. July 10, 2012) (comparing Thornton v. Univ. of Miss. Med. Ctr., No. 3:09-CV-023-HTW-LRA, 2011 WL 4373942, at *6 (S.D.Miss. Sept. 19, 2011) (holding conclu-sory statements in plaintiffs affidavit insufficient), with Coleman v. Miller Enters., LLC, No. 2:10-CV-296-KS-MTP,. 2011 WL 4737580, at *2 (S.D.Miss. Oct. 6, 2011) (holding plaintiffs affidavit, sufficient)). But because she fails to prove pretext, the Court will assume that a prima facie case exists. Id. (assuming without deciding that plaintiff established prima facie case).

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6 F. Supp. 3d 713, 2014 U.S. Dist. LEXIS 32644, 2014 WL 991740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-mississippi-department-of-human-services-mssd-2014.