121 F.4th 500
5th Cir.2024Background
- Taiwo Ayorinde, a Black male, was re-hired by Team Industrial Services in April 2022, after initially being terminated for job abandonment in 2018.
- Ayorinde’s supervisor raised concerns about his work quality and demoted him, resulting in a pay cut during a period of approved bereavement leave.
- The pay cut was later reversed after management found it was not properly authorized.
- Ayorinde resigned, alleging race and age discrimination, hostile work environment, and retaliation, and filed a charge with the EEOC.
- He brought claims under Title VII, the Equal Pay Act, the Lilly Ledbetter Fair Pay Act, the ADEA, and 42 U.S.C. § 1981; the district court granted summary judgment to Team on all claims.
- On appeal, the Fifth Circuit reviewed summary judgment de novo and affirmed the district court in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal Pay Act (EPA) Race Discrimination | Race discrimination is actionable under the EPA | EPA only covers sex-based wage discrimination | EPA claim fails; law covers only sex discrimination |
| Title VII/§ 1981 Race Discrimination | Adverse actions occurred under circumstances inferring bias | No evidence of similarly situated comparators | No prima facie case; no evidence of disparate treatment |
| Retaliation | Supervisors retaliated after altercations/requested updates | No protected activity or evidence of retaliation | No prima facie case; only conclusory, unsupported claims |
| Constructive Discharge | Resignation resulted from intolerable conditions | Not raised/exhausted in EEOC charge | Not administratively exhausted; claim barred |
| Hostile Work Environment | Suffered racial harassment at work | No administrative exhaustion; insufficient facts | Not administratively exhausted; insufficient allegations |
| ADEA and Ledbetter Act Claims | General claims of age discrimination/pay disparity | Arguments not properly briefed/abandoned | Claims abandoned/waived on appeal |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination cases)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (standard for hostile work environment)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (scope of Title VII anti-retaliation provision)
- Pa. State Police v. Suders, 542 U.S. 129 (constructive discharge standard)
- Ross v. Judson Indep. Sch. Dist., 993 F.3d 315 (summary judgment standard in discrimination claims)
- Brown v. Wal-Mart Stores E., L.P., 969 F.3d 571 (elements of a Title VII retaliation claim)