Lois Davis v. Fort Bend County
2014 U.S. App. LEXIS 16470
5th Cir.2014Background
- Davis sued Fort Bend County for Title VII discrimination and retaliation after employment termination.
- Davis was hired in 2007 as Desktop Support Supervisor; Ford became her supervisor in 2010.
- Davis alleged Ford retaliated after her return from FMLA by demoting her and curtailing responsibilities each affecting her role.
- In June 2011, during a large IT move for a new Justice Center, Davis sought Sunday off for a church service and was denied; she attended and was terminated.
- The district court granted summary judgment on all claims; Davis appealed challenging only Title VII claims.
- The panel reversed on religious discrimination and affirmed on retaliation, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Davis show a bona fide religious belief and conflict with employment? | Davis asserts a sincere, religious obligation to attend a church service on July 3, 2011, creating a conflict. | Davis’s absence was a personal commitment, not a religious belief protected by Title VII. | Genuine dispute as to whether belief was religious; prima facie case survives. |
| Was Fort Bend's denial of accommodation an undue hardship to justify denial? | There was a volunteer substitute; the absence would be minimal burden. | Substitution may impose significant burden; no qualified volunteer; capacity to install IT move required all managers. | Undue hardship issue raised; had genuine dispute on the availability and impact of a substitute. |
| Did Davis establish a prima facie retaliation claim and evidence of pretext? | Pre-termination actions and the termination itself constitute adverse actions tied to protected activity. | Pre-termination actions lack evidence of adverse impact; termination was for not reporting to work; no pretext shown. | Summary judgment upheld on retaliation claim; absent evidence of adverse action or pretext. |
Key Cases Cited
- Tagore v. United States, 735 F.3d 324 (5th Cir.2013) (establishes prima facie religious discrimination analysis and sincerity)
- Bruff v. North Mississippi Health Services, 244 F.3d 495 (5th Cir.2001) (undue hardship framework for religious accommodations)
- Weber v. Roadway Express, Inc., 199 F.3d 270 (5th Cir.2000) (undue hardship and reasonable accommodation considerations)
- Moussazadeh v. Texas Department of Criminal Justice, 703 F.3d 781 (5th Cir.2012) (limits inquiry to sincerity and religiosity of beliefs)
- Seeger v. United States, 380 U.S. 163 (U.S. 1965) (defines sincerity and religiosity in beliefs under constitutional framework)
- Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (U.S. 1977) (accommodation undue hardship standard for scheduling conflicts)
- Burlington Northern Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (defines actionable retaliation as materially adverse conduct)