Wheat v. Florida Parish Juvenile Justice Commission

811 F.3d 702, 25 Wage & Hour Cas. (BNA) 1692, 25 Wage & Hour Cas.2d (BNA) 1692, 2016 U.S. App. LEXIS 45, 99 Empl. Prac. Dec. (CCH) 45,469, 128 Fair Empl. Prac. Cas. (BNA) 841, 2016 WL 67197
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 5, 2016
Docket14-30788
StatusPublished
Cited by127 cases

This text of 811 F.3d 702 (Wheat v. Florida Parish Juvenile Justice Commission) 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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Wheat v. Florida Parish Juvenile Justice Commission, 811 F.3d 702, 25 Wage & Hour Cas. (BNA) 1692, 25 Wage & Hour Cas.2d (BNA) 1692, 2016 U.S. App. LEXIS 45, 99 Empl. Prac. Dec. (CCH) 45,469, 128 Fair Empl. Prac. Cas. (BNA) 841, 2016 WL 67197 (5th Cir. 2016).

Opinions

E. GRADY JOLLY, Circuit Judge:

Lillie Wheat, a former Juvenile Detention Staff Officer (“JDS Officer”) with the Florida Parishes Juvenile Justice Commission (“the Commission”), appeals from the district court’s summary-judgment dismissal of her employment-discrimination suit. We AFFIRM in part, and VACATE and REMAND in part.

I.

In 2000, Wheat began her employment with the Commission, which operates the Florida Parishes Juvenile Detention Center (“FPJDC”) in the Eastern District of Louisiana. Wheat was eventually promoted to JDS officer, then to Shift Supervisor in 2005, and ultimately to Assistant Director of Female Services in 2008. Additionally, she had received positive reviews and consistent pay raises. In January 2005, however, Wheat was disciplined after she used excessive force against a juvenile inmate. By failing to defuse a hostile situation with the juvenile, or alert other JDS officers, Wheat had allowed the juvenile to get within her reach. Wheat then physically forced the juvenile down to the ground and held her there, violating FPJDC’s guidelines.

In 2009, Wheat took leave under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., to undergo surgery. The Commission terminated her employment for failing to return to work after her FMLA leave had expired. She filed suit under the FMLA. The suit was settled, and her employment at the Commission was reinstated on March 8, 2011. At the time, her previous position as Assistant Director of Female Services was not available. Consequently, she was hired at a lower ranking position as a JDS Officer. However, she was paid the same salary as her previous supervisory position. After being rehired, supervisory positions became available and, on two separate occasions, she was offered advancement to a supervisory position. Wheat turned down both offers because “she did not want to go back on salary and assume additional responsibility,” and “she would lose her right to overtime.”

On November 23, 2011, Wheat filed an “Unusual Occurrence Report” concerning a twelve-year-old female inmate’s alleged inappropriate sexual advances toward Wheat. Wheat’s supervisors met with her on several occasions to discuss the proper methods for handling such' advances. Wheat was dissatisfied with the disciplinary limitations which these models imposed. She requested that the juvenile be placed in administrative segregation. Her requests were denied.

On January 3, 2012, Wheat had another physical episode with a female inmate. Responding to the juvenile’s noncompliant behavior, Wheat applied a “mandibular angle pressure point” hold to the juvenile. Wheat was ordered to cease, and her supervisor had to restrain her. Wheat then had to be restrained a second time. Wheat followed the same juvenile to her cell, and although provoked by the juvenile, further attempted to assault her. Wheat threatened to “whip that bitch’s ass.” Wheat was placed on leave, without pay, for these two eruptions and was shortly thereafter discharged, on January 19, 2012.

[705]*705After exhausting her remedies with the Equal Employment Opportunity Commission (EEOC), see 42 U.S.C. § 2000e-5, Wheat filed this suit. In her complaint, she alleged that she was discharged in retaliation for having asserted her rights under the FMLA, and under Title VII (for having complained about the juvenile’s sexual advances). She also alleged ten additional retaliatory acts by the Commission, as well as sexual harassment by the juvenile resident. The district court granted summary judgment to the Commission, dismissing Wheat’s complaint. Wheat v. Florida Parishes Juvenile Justice Comm’n, No. 12-2989, 2014 WL 2155239 (E.D.La. May 22, 2014).

II.

We review a grant of summary judgment de novo, applying the same standard as did the district court. E.g., Cuellar v. Keppel Amfels, L.L.C., 731 F.3d 342, 345 (5th Cir.2013). Under that standard, summary judgment is appropriate “if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

III.

It is important to keep in mind that the FPJDC facility is a correctional confinement, primarily for youths who are emotionally challenged, exhibit drug and alcohol problems, mental problems, and suicidal tendencies, which requires supervisors and employees with specialized training and self-control.

The FMLA and Title VII prohibit an employer from discriminating against employees for asserting rights protected under those acts. See 29 U.S.C. § 2615 (forbidding “discrimination] against any individual because such individual,” among other things, “has filed any charge ... under or related to” the FMLA); 42 U.S.C. § 2000e-3(a) (forbidding “discrimination] against” an employee or job applicant because that individual “opposed any practice” made unlawful by Title VII or “made a charge, testified, assisted, or participated in” a Title VII proceeding or investigation).

Wheat does not connect any of the alleged acts of retaliation to a specific protected right, that is, whether the retaliation was under Title VII and/or the FMLA. Retaliation claims under both Title VII and the FMLA, however, are analyzed under the McDonnell Douglas burden-shifting framework. Chaffin v. John H. Carter Co., 179 F.3d 316, 319 (5th Cir. 1999); see also Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 768 (5th Cir.2001). That framework requires the employee first to set out a prima facie case of retaliation, which she may do by establishing that: (1) she engaged in protected activity; (2) the employer took a materially adverse action against her; and (3) a causal link exists between her protected activity and the adverse action. See, e.g., Davis v. Fort Bend Cnty., 765 F.3d 480, 489-90 (5th Cir.2014) (Title VII), cert. denied, — U.S. -, 135 S.Ct. 2804, 192 L.Ed.2d 847 (2015); Ion v. Chevron USA Inc., 731 F.3d 379, 390 (5th Cir.2013) (FMLA). The Supreme Court, however, in Univ. of Texas Sw. Med. Ctr. v. Nassar, — U.S. -, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013), recently held that to satisfy the “causal link” requirement of a Title VII retaliation claim, the employee must provide substantial evidence that “but for” exercising protected rights, she would not have been discharged. See id. at 2533 (“Title VII retaliation claims must be proved according to traditional principles of but-for causation ... [t]his requires proof that the unlawful retaliation would not have occurred in the absence of the alleged [706]*706wrongful action or actions of the employer.”). Neither this Court, nor the Supreme Court, has decided whether the heightened .

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811 F.3d 702, 25 Wage & Hour Cas. (BNA) 1692, 25 Wage & Hour Cas.2d (BNA) 1692, 2016 U.S. App. LEXIS 45, 99 Empl. Prac. Dec. (CCH) 45,469, 128 Fair Empl. Prac. Cas. (BNA) 841, 2016 WL 67197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheat-v-florida-parish-juvenile-justice-commission-ca5-2016.