Del Dennis v. Academy, Limited
19-60118
| 5th Cir. | Dec 11, 2019Background
- Del Dennis, a Black employee, was a team leader at Academy Sports; team leaders have greater responsibility and higher conduct standards.
- On April 13, 2017, white coworker Matt Brewer pulled a cart out from under Dennis; Dennis yelled and later complained to Brewer’s supervisor, Bernice Hampton-Bean (Black).
- Hampton-Bean reported that Dennis threatened Brewer (she also reported Dennis said he would personally beat Brewer); Dennis disputes that he made such a threat.
- Hampton-Bean reviewed a surveillance tape and concluded Brewer did not act maliciously; the tape was not produced in discovery and is apparently lost.
- Store director Matt Stewart (white) terminated Dennis on May 8, 2017 for violating Academy’s Safe Workplace Policy; Hampton-Bean issued Brewer a final warning.
- Dennis sued under Title VII and 42 U.S.C. § 1981 (and named Hampton-Bean on a state tort claim); the district court granted summary judgment for defendants, and the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discriminatory discharge (prima facie under McDonnell Douglas) | Dennis argues he was qualified, punished for a disputed work-rule incident, and established a prima facie case | Academy contends it had a legitimate, nondiscriminatory reason: violation of Safe Workplace Policy | Court: Dennis met prima facie but Academy articulated legitimate reason; burden shifted to plaintiff to show pretext |
| Pretext from Dennis’s testimony disputing facts | Dennis says his testimony creates a genuine issue of fact and supports inference of discrimination | Academy says disputed testimony shows only factual disagreement, not discriminatory motive | Court: Testimony insufficient to show employer’s stated reason was pretext or motivated by race |
| Pretext/inference from missing surveillance video | Dennis asserts failure to preserve/produce tape permits inference of pretext | Academy notes Dennis never requested the video during discovery, undermining spoliation/inference claim | Court: Rejected Dennis’s argument because he did not seek the video in discovery |
| Cat’s paw (imputing Hampton-Bean’s alleged bias to Stewart) | Dennis argues Hampton-Bean influenced Stewart and her alleged bias should be imputed | Academy argues no evidence Hampton-Bean harbored racial animus to impute to decisionmaker | Court: Even assuming influence, Dennis failed to show Hampton-Bean had discriminatory animus, so cat’s paw fails |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (framework for burden-shifting in discrimination cases)
- Burell v. Prudential Ins. Co. of Am., 820 F.3d 132 (5th Cir. 2016) (standard of review for summary judgment)
- Body by Cook, Inc. v. State Farm Mut. Auto. Ins., 869 F.3d 381 (5th Cir. 2017) (§ 1981 and Title VII claims analyzed identically)
- Mayberry v. Vought Aircraft Co., 55 F.3d 1086 (5th Cir. 1995) (prima facie showing for work-rule discipline)
- Roberson v. Alltel Info. Servs., 373 F.3d 647 (5th Cir. 2004) (elements required to impute coworker bias under cat’s paw theory)