Joanne Stone v. Louisiana Dept of Revenue, 707 F. App'x 216

Joanne Stone, a black Revenue Tax Auditor II, filed internal grievances alleging race discrimination and harassment by her supervisor Vendetta Lockley; Stone was transferred from New Orleans to Houston in 2010.
Stone filed an EEOC complaint alleging race discrimination and retaliation, later adding harassment; she received a right-to-sue letter and sued the Louisiana Department of Revenue in federal court, also asserting state-law defamation.
The district court initially dismissed all claims; this court partially reversed, allowing the retaliation claim to proceed only for events after May 2010 and remanding the defamation claim.
After discovery, the Department moved for summary judgment on the remanded defamation claim and the surviving retaliation claim; the magistrate judge granted summary judgment for the Department.
On appeal, the Fifth Circuit affirmed: (1) Stone failed to show Lockley made a defamatory statement in bad faith (required under La. R.S. 23:291(A)); and (2) Stone failed to produce record evidence that Lockley knew of the protected EEOC activity, so she could not establish causation for retaliation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lockley’s alleged negative reference was actionable defamation under Louisiana law	Lockley told a faux "prospective employer" that Stone lacked organizational skills; that statement was defamatory	Any reference was truthful or, at minimum, not made in bad faith; employer is immune for references absent bad faith	Dismissed — Stone offered no evidence of bad faith; prior documented concerns about organization undermine claim
Whether Stone established a prima facie Title VII retaliation claim (protected activity, adverse action, causation)	Stone engaged in protected activity (EEOC complaint) and suffered adverse acts (negative evaluation, production-crediting, accusation of losing form, loss of telecommuting) that were retaliatory	No evidence Lockley knew of the EEOC complaint; without knowledge there is no causation	Dismissed — failure to show Lockley’s knowledge of the protected activity; causation lacking

E.E.O.C. v. Rite Way Serv., Inc., 819 F.3d 235 (5th Cir. 2016) (summary judgment standard and appellate review)
Davis v. Fort Bend Cty., 765 F.3d 480 (5th Cir. 2014) (summary judgment standard)
Young v. Equifax Credit Info. Servs., Inc., 294 F.3d 631 (5th Cir. 2002) (conclusory affidavits insufficient to defeat summary judgment)
Bellard v. Gautreaux, 675 F.3d 454 (5th Cir. 2012) (elements of Louisiana defamation)
Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (standard for materially adverse action in Title VII retaliation)
Hernandez v. Yellow Transp., Inc., 670 F.3d 644 (5th Cir. 2012) (prima facie retaliation elements)
Stone v. La. Dep’t of Revenue, 590 F. App’x 332 (5th Cir. 2014) (prior appeal narrowing retaliation claim and remanding defamation)