Stewart v. RSC Equipment Rental, Inc.

485 F. App'x 649
Court of Appeals for the Fifth Circuit·Decided August 9, 2012·No. No. 11-30668·Published·Cited by 7 cases

Opinion

PER CURIAM: *

Jaive Stewart brought this Title VII suit against RSC Equipment Rental, Incorporated (“RSC”), his former employer, alleging race based improper discharge. The district court granted RSC’s motion for summary judgment and dismissed Stewart’s action. On appeal, Stewart seeks reinstatement of his retaliatory discharge claim. We AFFIRM.

BACKGROUND

Stewart was hired by RSC as an Inside Sales Representative. He worked briefly at the company’s branch in LaPlace, Loui[651] siana, then was transferred to another of RSC’s branches located on the site of a plant operated by Shell Motiva in nearby Norco. He commenced work at RSC in May 2006 and was terminated on February 28, 2007. While at RSC, he was employed as a “counter-man” to take and process orders for industrial equipment rentals. On July 6, July 17, and September 29, 2006, RSC issued Stewart written Performance Improvement Notices (“PINs”) concerning his work and behavior.

Stewart, an African-American, claims that RSC fired him in retaliation for his complaints about racial discrimination by co-workers and a supervisor. RSC counters that it ended Stewart’s employment on the basis of a written policy which provides that termination may occur if “[d]uring any 12-month period, [an employee] receive[s] a combination of three written warning notices for violating any rule(s).”

After his termination by RSC, Stewart filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). The EEOC notified him on August 8, 2009 that it was unable to conclude that any statutory violation had occurred, but that he had the right to file a lawsuit. On November 10, 2009, Stewart brought suit under Title VII in the United States District Court for the Eastern District of Louisiana. On June 17, 2011, the district court granted RSC’s summary judgment motion to dismiss Stewart’s suit, and he appealed.

DISCUSSION

In the absence of a genuine issue of material fact, summary judgment is appropriate. Fed.R.Civ.P. 56(a). Our review of a summary judgment is de novo, applying the same standard as the district court. Lifecare Hosps., Inc. v. Health Plus, Inc., 418 F.3d 436, 439 (5th Cir.2005). “Even if we do not agree with the reasons given by the district court to support summary judgment, we may affirm ... on any grounds supported by the record.” Id.

Title VII forbids employment discrimination on the basis of “race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a). It contains a specific anti-retaliation provision, the purpose of which is to ensure that workers are not dissuaded “from making or supporting a charge of discrimination.” Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 57, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006); 42 U.S.C. § 2000e-3(a).

To make a prima facie case of retaliation, an employee must establish that (1) he participated in an activity protected by Title VII, (2) his employer took an adverse employment action, and (3) there was a causal link between his protected activity and his employer’s adverse action. Stewart v. Miss. Transp. Comm’n, 586 F.3d 321, 331 (5th Cir.2009). Evidence that the adverse employment action “was based in part on knowledge of the employee’s protected activity” will satisfy the causal link element. Medina v. Ramsey Steel Co., 238 F.3d 674, 684 (5th Cir.2001) (quotation marks and citation omitted).

If the employee meets this burden, his employer must proffer “a legitimate, nondiscriminatory reason for the employment action.” Byers v. Dallas Morning News, Inc., 209 F.3d 419, 425 (5th Cir.2000). Then, if the employer provides such a reason, the burden shifts back to the employee to establish the existence of a triable issue of fact that the employer’s reason is pretextual. Medina, 238 F.3d at 685. Although analytically almost “identical to the ‘causal link’ step in the prima facie case, the burden here is more stringent. The plaintiff must reveal a conflict in substantial evidence on the ultimate issue of retaliation in order to withstand a motion for [652] summary judgment.” Id. (quotation marks and citation omitted).

Stewart identifies several acts on his part that he claims were protected activities under Title VU’s “opposition clause,” which makes it illegal “for an employer to discriminate against any employee! ] because he has opposed any practice made [ ] unlawful.” 42 U.S.C. § 2000e-3(a); Crawford v. Metro. Gov’t. of Nashville & Davidson Cnty., Term., 555 U.S. 271, 276, 129 S.Ct. 846, 172 L.Ed.2d 650 (2009).1

One of Stewart’s retaliation claims arises from an unpleasant exchange with his supervisor, Daphne Leger. Stewart alleges that after that exchange, Leger observed him walking “toward the bathroom with his note pad in his hand.” Later that day, Leger reprimanded Stewart for the way he had handled the unavailability of equipment. Stewart claims that “[w]hen she saw him take out his notebook for the second time,” Leger complained about “his attitude” and said she would report him to General Manager William Shifter. These note-taking events allegedly occurred on February 26, 2007-two days before his firing.

Stewart also claims that he engaged in protected conduct by softly singing these lyrics from a gospel song: “This old building keeps on leaning. I got to find me a better home.” Stewart says that Leger “presumably heard this verse” after his work rotation was announced.

We conclude that neither Stewart’s note-taking nor his song-singing were activities protected by Title VII. The song is indistinguishable from non-race based grumbling by an employee. The note-taking had no racial element, and no reasonable employer would have understood it to be an expression of opposition to unlawful discrimination at work. See Crawford, 555 U.S. at 276, 129 S.Ct. 846. Thus, because Stewart cannot meet the first element of the prima facie case, summary judgment as to these allegations was proper. Medina, 288 F.3d at 684.

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Stewart v. RSC Equipment Rental, Inc., 485 F. App'x 649 (5th Cir. 2012).

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