McCraney v. Brennan
2:15-cv-03368
E.D. La.Apr 18, 2017Background
- Plaintiff Danny K. McCraney (pro se) filed two consolidated suits alleging (a) a retaliatory hostile-work-environment after return under a Last Chance Agreement and (b) race discrimination (African-American) tied to placement in non-pay status and a removal notice in 2010.
- Plaintiff’s complaints relied on prior EEOC Office of Federal Operations denials of reconsideration and alleged incidents from 2010–2012 (investigative interviews, scheduling of breaks, alleged threats/near-miss with a tow motor, false accusation of threatening a co-worker, delay of a detail assignment).
- USPS submitted investigative affidavits and documentary evidence showing management responses, investigatory steps, and that Plaintiff admitted profanity/insubordination in the 2010 incident leading to removal proceedings.
- USPS argued the incidents were routine disciplinary/investigatory actions and safety admonitions, not severe or pervasive harassment, and that the 2010 removal was nondiscriminatory (supported by supervisor statements and lack of suitable comparators).
- Court treated multiple local-rule filing defects as waived for disposition, reviewed summary-judgment standards, applied the modified retaliatory hostile-work-environment framework and McDonnell Douglas burden-shifting for discrimination, and granted defendant’s summary judgment motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff pleaded a retaliatory hostile-work-environment claim based on post-2011 conduct | McCraney: management subjected him to harassment (scheduled breaks, interviews, threats re: tow motor, false accusations, denial of union rep, delayed detail) in retaliation for protected activity | USPS: incidents were investigatory/corrective, safety-related, or minor workplace actions not severe or pervasive; employer took appropriate remedial steps | Court: Granted summary judgment — incidents not objectively severe or pervasive to alter employment terms; hostile-environment claim fails |
| Whether Plaintiff proved race discrimination (2010 non-pay status/removal) under McDonnell Douglas | McCraney: removal and non-pay status were racially motivated (African-American) | USPS: removal was based on insubordination, profanity, and perceived threatening movements (all supported by investigation and supervisor statements); comparator cited not similarly situated | Court: Granted summary judgment — plaintiff failed prima facie fourth element (no suitable comparator) and offered no evidence that employer’s legitimate reasons were pretextual |
| Adequacy of USPS investigatory/adverse actions as Title VII adverse employment actions | McCraney: investigatory interviews and administrative actions were adverse and retaliatory | USPS: internal investigations and admonitions, scheduling adjustments, and short delays are not adverse actions under Title VII absent severity/pervasiveness | Court: Held investigatory and corrective actions alone are not actionable adverse employment actions or sufficiently severe to sustain hostile-work-environment claim |
| Comparator evidence/similarly situated analysis | McCraney: pointed to Danny Barber as comparator | USPS: evidence showed Barber’s conduct was not similar and supervisor statements undermined comparator claim | Court: Held Barber was not a proper comparator and summary judgment appropriate on discrimination claim |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary-judgment burden-shifting and proof standards)
- Little v. Liquid Air Corp., 37 F.3d 1069 (5th Cir.) (nonmovant must produce more than a scintilla; conclusory allegations insufficient)
- Harris v. Forklift Systems, 510 U.S. 17 (hostile-work-environment objective/subjective test)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for circumstantial discrimination claims)
- Shepherd v. Comptroller of Pub. Accounts, 168 F.3d 871 (5th Cir.) (objective/subjective components of hostile-work-environment analysis)
- Gowski v. Peake, 682 F.3d 1299 (11th Cir.) (equating "severe or pervasive" accumulation with adverse-action/prima facie causation in retaliatory hostile-work-environment context)