922 F.3d 299
5th Cir.2019Background
- Bonnie O’Daniel, HR manager at Plant-N-Power (PNP)/Industrial Service Solutions (ISS), posted on Facebook criticizing a person in women’s clothing using women’s facilities; post was shared with owners Simoneaux and Huber.
- Huber (an LGBT member) objected, demanded O’Daniel be fired; O’Daniel was required to take sensitivity training, restricted from recruiting via social media, reprimanded, put under Huber’s supervision, and given adverse work conditions.
- O’Daniel alleged she was discriminated and retaliated against because she is heterosexual and for opposing discrimination; she was fired for "unsatisfactory job performance" in June 2016 and later prevailed on unemployment benefits.
- She filed an EEOC charge and sued under Title VII (retaliation), Louisiana constitutional free-speech provisions, and state-law claims; the magistrate judge dismissed under Fed. R. Civ. P. 12(b)(6).
- The Fifth Circuit affirmed: it rejected Title VII retaliation protection for sexual-orientation-based claims in this circuit and held Louisiana’s free-speech guarantee (Art. I, §7) does not apply to private employers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title VII protects sexual orientation and thus supports a retaliation claim | O’Daniel: Title VII should encompass sexual orientation; she reasonably believed opposing sexual-orientation discrimination was protected | Defendants: Fifth Circuit precedent excludes sexual orientation from Title VII’s "sex" protection; retaliation requires opposition to a Title VII-prohibited practice | Held: Circuit precedent is binding; Title VII does not cover sexual orientation, so retaliation claim fails |
| Whether O’Daniel had a reasonable belief that Title VII covered sexual-orientation discrimination (opposition clause) | O’Daniel & amici: Even if circuit law was unsettled elsewhere, she could reasonably believe Title VII forbade sexual-orientation discrimination in 2016 | Defendants: Fifth Circuit law is clear and unambiguous; belief was not reasonable here | Held: Not reasonable in this circuit; reasonable-belief retaliation requires belief tied to Title VII-covered conduct |
| Whether Louisiana Constitution Article I, §7 (free expression) restricts private employers | O’Daniel: State constitutional free-speech protections may reach private actors; employer action violated Art. I, §7 | Defendants: Article I, §7 restricts state action; private employers aren’t state actors; at-will employment remains primary rule | Held: Article I, §7 does not apply to private employers; claim dismissed |
| Whether the district court should have granted leave to amend | O’Daniel: As initial filings were pro se, she should have been allowed to amend with counsel | Defendants: Proposed amendments would be futile given controlling law | Held: Amendment denied as futile; dismissal affirmed |
Key Cases Cited
- Vaughan v. Anderson Reg’l Med. Ctr., 849 F.3d 588 (5th Cir.) (Rule 12(b)(6) review standard cited)
- Bowlby v. City of Aberdeen, 681 F.3d 215 (5th Cir.) (plausibility standard discussion)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard: plausible claim required)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (Twombly pleading standard)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (sex discrimination/harassment principles)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (sex stereotyping and discrimination)
- EEOC v. Boh Bros. Const. Co., 731 F.3d 444 (5th Cir.) (sex discrimination jurisprudence)
- Brandon v. Sage Corp., 808 F.3d 266 (5th Cir.) (Title VII does not cover sexual orientation in this circuit)
- Rite-Way Serv., Inc. v. EEOC, 819 F.3d 235 (5th Cir.) (opposition/reasonable-belief framework in retaliation context)
- Miller v. Am. Family Mut. Ins. Co., 203 F.3d 997 (7th Cir.) (retaliation scope limited to Title VII-protected complaints)
- Quebedeaux v. Dow Chem. Co., 820 So. 2d 542 (La.) (Louisiana at-will employment and limits on state-constitutional claims against private employers)