Preston v. Texas Department of Family & Protective Services

222 F. App'x 353
Court of Appeals for the Fifth Circuit·Decided February 7, 2007·No. No. 06-20752·Published·Cited by 26 cases

Opinion

PER CURIAM: *

Ruby Preston sued the Texas Department of Family and Protective Services (TDFPS), alleging race discrimination and unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (Title VII). The district court granted TDFPS’s motion for summary judgment on all of Preston’s Title VTI claims, and Preston appeals. We affirm.

I

Preston, who is African-American, began working for TDFPS in 1990. In late 2001, she was assigned to a position in a unit supervised by Krista Rodriguez, who is white. Preston received positive evaluations from Rodriguez during 2001 and 2002. In October 2002, Preston reported to Rodriguez that other employees were complaining that Dory Allen, a white supervisor under Rodriguez’s supervision, was discriminating against them because they were African-American.

Preston contends that Rodriguez began to treat her differently after she reported Allen’s discrimination. Preston received her first “unsuccessful” evaluation from Rodriguez for the period from January to July 2003. In January 2004, Preston filed an internal administrative complaint against Rodriguez alleging, inter alia, race discrimination. A TDFPS investigation concluded that there was no evidence of discrimination.

On Friday, April 23, 2004, Preston was the “on-call” caseworker for child death cases. At 9:00 p.m., she received a referral for a case involving an infant that had died of massive internal injuries, in which the father was the alleged perpetrator. The infant’s mother and a surviving sixteen-month old sibling had taken the infant to the hospital, and the father’s whereabouts were unknown. This case was given a Priority I designation, which means that the caseworker must initiate the investigation within 24 hours of receiving the assignment. In cases involving physical or sexual abuse of a child, TDFPS and law enforcement conduct a joint investigation, and the TDFPS caseworker must first contact the Houston Police Department (HPD) dispatcher in order to make contact with the police officers assigned to the case.

After receiving the Priority I call, Preston called the hospital to locate the mother and sibling, but she was told that they had left the hospital with police officers to go to a relative’s house. Preston then called HPD and left voice mail messages for the two officers assigned to the case. Preston never called the HPD dispatcher to make contact with the officers. Preston attempted to contact the officers over the weekend, but was told that they were off duty until Monday. Preston also made two visits to the family’s home over the weekend, but the home was empty on both occasions. In her deposition, Preston admitted that she did not expect the family to be at the home and that she did not wear professional attire during these visits. Preston finally made contact with one of the officers on Monday afternoon, and he told her where the mother and sibling were staying. On Tuesday, four days after receiving the case, Preston finally made contact with the mother and sibling, and she took the sibling into custody at that time.

Jennifer Williams, the TDFPS risk director, e-mailed Preston on April 26, 2004 to ask about the child death case. Over [356] the course of the next few days, in a series of emails and phone calls, Preston made several disrespectful comments about Williams and Rodriguez and accused them of calling her a liar.

On April 23, 2004, in another TDFPS case, Preston left a message on a client’s answering machine, and the client complained to TDFPS that the message was unprofessional and discourteous. Rodriguez and Bella Alex, the TDFPS program administrator, independently listened to the message and determined that it was unprofessional and in violation of department policy, and Preston’s involvement with that case was terminated. Preston maintained that the message was appropriate.

On April 29, 2004, Preston was involved in another Priority I case. Preston told Rodriguez that she staffed the case with Dorothy Oakes, another supervisor, but Preston did not include this information in the reports that she submitted on May 27, 2004 and June 1, 2004. On June 2, 2004, Rodriguez contacted Oakes who said that Preston had never placed her on the case.

On May 6, 2004, Rodriguez met with Preston to discuss several violations of department policy, and in late May of 2004 Preston received two sets of Rodriguez’s written conference notes from this meeting. In response to this meeting, Preston filed a second administrative complaint against Rodriguez at the end of May 2004, alleging that Rodriguez was retaliating against her for filing the earlier complaint. On June 9, 2004, Rodriguez and Alex recommended that Preston be terminated for violating several department policies. Rodriguez informed Preston of the recommendation on June 21, 2004. Randy Joiner, the TDFPS Regional Director, terminated Preston’s employment on June 29, 2004. Preston appealed her dismissal internally, and an administrative law judge upheld the termination after finding that Preston had violated department policy. Next, Preston filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) and received a right-to-sue letter. Preston then filed this suit.

II

The first issue on appeal, subject to de novo review, is whether Preston exhausted her administrative remedies before filing suit.1 A plaintiff must file a charge of discrimination with the EEOC before a court may consider her Title VII claims.2 We must examine Preston’s complaint in light of the charges filed in her administrative complaint to determine whether she satisfied this requirement as to each of her claims.

Two dueling principles govern our determination of whether the Preston exhausted her administrative remedies: (1) “[cjonsistent with the remedial purposes underlying Title VII, we construe employment discrimination charges with the ‘utmost liberality,’ bearing in mind that such charges are generally prepared by laymen untutored in the rules of pleading,”3 and (2) the charge must contain an adequate factual basis so that it puts the employer on notice of the existence and nature of the charges and so the EEOC may have an “opportunity to attempt to obtain volun[357] tary compliance.” 4 Based on these principles, a Title VII suit “may be based, not only upon the specific complaints made by the employee’s initial EEOC charge, but also upon any kind of discrimination like or related to the charge’s allegations, limited only by the scope of the EEOC investigation that could reasonably be expected to grow out of the initial charges of discrimination.” 5

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Preston v. Texas Department of Family & Protective Services, 222 F. App'x 353 (5th Cir. 2007).

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