Suire v. LCS Corrections Services, Inc.

930 So. 2d 221, 2006 La. App. LEXIS 1044, 2006 WL 1154877
CourtLouisiana Court of Appeal
DecidedMay 3, 2006
Docket05-1332
StatusPublished
Cited by5 cases

This text of 930 So. 2d 221 (Suire v. LCS Corrections Services, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suire v. LCS Corrections Services, Inc., 930 So. 2d 221, 2006 La. App. LEXIS 1044, 2006 WL 1154877 (La. Ct. App. 2006).

Opinion

930 So.2d 221 (2006)

Christal SUIRE
v.
LCS CORRECTIONS SERVICES, INC., et al.

No. 05-1332.

Court of Appeal of Louisiana, Third Circuit.

May 3, 2006.

*223 Christopher A. Edwards, Lafayette, LA, for Defendants-Appellants, LCS Corrections Services, Inc., et al.

Michael W. Robinson, Eunice, LA, for Plaintiff-Appellee, Christal Suire.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

Defendant, LCS Corrections Services, Inc., appeals the judgment of the trial court finding that Plaintiff, Christal Suire, was wrongfully terminated from her employment because she was pregnant and awarding damages to her. Plaintiff has also appealed, seeking an increase in damages.

FACTUAL AND PROCEDURAL BACKGROUND

Christal Suire (Suire) had been employed by LCS Corrections Services, Inc. (LCS) as a guard at the Basile Detention Center since September 2002. In early July 2003, Suire learned that she was pregnant. She told her supervisor, Captain Ray Rider, that she was pregnant on a Friday. She then worked as scheduled on Saturday and Sunday. She was scheduled to be off on Monday and Tuesday, and she returned to work on Wednesday. At that time, she was told by Warden Gary Copes that she needed a work excuse from her obstetrician. That same day, Suire obtained a note from Dr. Heinen, her obstetrician, that stated she could work in "a prison environment" and in the "control room." LCS contends that this was a restricted work release and that Suire was never released by her obstetrician for full *224 duty work as required by LCS work guidelines. As Suire had not been employed by LCS long enough to obtain coverage under the Family Emergency Medical Leave Act (FEMLA) and did not provide a release which was acceptable to LCS, Suire was discharged from her employment on July 17, 2003. Her child was born March 3, 2004.

Suire presented her case to the EEOC and the Louisiana Commission on Human Rights and was given a Right to Sue Letter. This suit was then filed against LCS in Evangeline Parish.

Following a bench trial, judgment was rendered in favor of Suire. The trial court found that Suire had proved all of the requirements for a discrimination claim as articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and that LCS violated both 42 U.S.C. § 2000e (specifically the Pregnancy Discrimination Act) and La. R.S. 23:342. Suire was awarded $6,450.00 in lost wages based on her earning $7.50 per hour at forty hours per week for a period of five months. Suire was also awarded $5,000.00 for mental anguish and emotional distress. The trial court further awarded $3,000.00 in attorney's fees to Suire.

LCS now appeals the judgment of the trial court, alleging that it was manifestly erroneous in finding that all the requirements for a discrimination claim were met and in finding that Suire was fired because she was pregnant. LCS continues to maintain that Suire was fired not because she was pregnant, but because she did not have a full duty work release from her treating physician.

Suire also appeals, alleging that the damages were inadequate, that the trial court erred in failing to award punitive damages, and that the amount of attorney's fees was too low.

DISCUSSION

Employment Discrimination Claim

Suire claimed that LCS wrongfully terminated her employment and discriminated against her solely because she was pregnant. LCS urges this court to reverse the trial court's award of lost wages, mental anguish, emotional distress, and attorney's fees based on its argument that the trial judge committed manifest error in finding that all requirements for a discrimination claim under Title VII, as articulated in McDonnell Douglas, had been met. LCS continues to maintain that Suire was fired because she failed to produce a full duty release from her treating physician, not because she was pregnant. We are not at all persuaded by this ineffectual argument.

Suire's cause of action arises under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, and La.R.S. 23:342. "The Louisiana jurisprudence has reviewed such claims following the analysis set forth in federal cases for discrimination under Title VII." Brittain v. Family Care Serv., Inc., 34,787, pp. 4-5 (La.App. 2 Cir. 6/20/01), 801 So.2d 457, 460-61. Under the McDonnell Douglas test, a plaintiff is required to show that: (1) she was a member of a protected class, (2) she was qualified for the position she lost, (3) she suffered an adverse employment action, and (4) that others similarly situated were more favorably treated.

Audrey Hardy, a Control Sergeant at the prison, testified that she worked in the control room until two weeks before her child was born. She further testified that she was not required to get a release to return to work from her treating physician until after the birth of her child; however, *225 she did not know she was pregnant until about two weeks before the birth.

Captain Rider testified that Suire was a good employee. Captain Rider also testified that the prison had no light duty positions and that the control room position was a full duty one. He further testified that he knew of two other employees who became pregnant and continued to work at the prison.

Deputy Warden David Viator testified that it would not be an unreasonable accommodation to allow a pregnant employee to work in the control room for the duration of their pregnancy. There were five control rooms besides the main control room and they had to be manned everyday and on every shift. Deputy Warden Viator further testified that he knew of other employees who became pregnant and continued to work at the prison without the pregnancies interfering with their job performance.

The excuse provided by Suire's treating physician indicated that she "could work in a prison environment" and in "the control room." Furthermore, Suire testified that she had been assigned to control room duty for periods of months at a time prior to her pregnancy. That testimony was uncontradicted, and no one from the prison testified that there was any reason Suire could not have worked in the control room for the duration of her pregnancy. The testimony recited above also established that the control room position was considered a full duty one. LCS gave no reason at all to explain why it refused to accept the work release provided by Suire as a full duty release. We agree with the trial court that the excuse provided should have been sufficient to meet the requirements of the LCS policy and that the actions of LCS in firing Suire violated both 42 U.S.C. § 2000e and La.R.S. 23:342. We cite with approval the trial court's findings that:

[u]nlike other employees similarly situated, petitioner was denied leave and was fired. NO evidence was introduced to indicate that petitioner failed to perform her duties prior to termination or that termination occurred for any purpose other than pregnancy. Consequently, it appears that all of the requirements for discrimination under Title VII as articulated in McDonnell Douglas . . . have been met."

Under the McDonnell Douglas

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Cite This Page — Counsel Stack

Bluebook (online)
930 So. 2d 221, 2006 La. App. LEXIS 1044, 2006 WL 1154877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suire-v-lcs-corrections-services-inc-lactapp-2006.