Hager v. Brinker Texas
102 F.4th 692
| 5th Cir. | 2024Background
- Sharnez Hager, a Black woman, visited a Chili’s restaurant in Rosenberg, Texas, with family. The restaurant is operated by Brinker Texas, Inc.
- The hostess (white) told Hager’s group there was a 45-minute wait, although a large unoccupied table was visible.
- Hager’s white fiancé arrived later, asked for a table, and was immediately offered the same previously unavailable table.
- After eventually being seated, Hager’s group waited for service that never came and left after staff refused to serve them.
- Hager filed suit alleging racial discrimination under 42 U.S.C. §§ 1981, 1982, and Title II of the Civil Rights Act after initial state-court proceedings were removed to federal court.
- The district court granted summary judgment to Brinker, dismissing all of Hager’s claims. Hager appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether direct evidence of discrimination exists | Hostess admitted, “I apologize for discriminating...” | The statement was ambiguous and not about racial bias | Hostess's statement is direct evidence of discrimination |
| Prima facie case of discrimination | Treatment and denial of service was unequal | Hager was ultimately seated, so no services were denied | Plaintiff made a prima facie case under all statutes |
| Competency of defendant’s evidence | Venable’s declaration lacked personal knowledge | Declaration was regular business record, thus admissible | Declaration not competent as summary judgment evidence |
| Impact of plaintiff’s depo testimony on Title II | Complaint properly requested declaratory relief | Hager’s deposition sought damages, which Title II forbids | Complaint not abandoned by depo; error to dismiss on this |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework for discrimination)
- CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008) (Construing §§ 1981 and 1982 as broad anti-discrimination statutes)
- Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964) (scope of Title II coverage for public accommodations)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (pretext can be shown by unworthiness of defendant’s proffered reason)
- Tex. Dep’t of Cmty. Affs. v. Burdine, 450 U.S. 248 (1981) (burden-shifting framework in discrimination claims)