622 F. App'x 388
5th Cir.2015Background
- McElroy, Black, hired as a van driver at PHM's Oaks facility, later promoted to Activities Director with pay raise to $7.00/hour.
- White, White, was the original Activities Director, earning $10.00/hour, and supervised by Terrell; McElroy joined a second director role with lesser initial duties.
- Terrell and LaBorde supervised McElroy; White had greater responsibilities overseeing all facility activities; White earned more due to experience and scope.
- Beginning in 2010, McElroy experienced severe menstrual-related symptoms; she used paid time off for treatment and sought permission to leave early on March 1, 2011.
- Terrell allegedly refused McElroy’s early departure, allegedly stating there would be no job if she left, and McElroy resigned after leaving mid-day to seek medical care.
- McElroy filed EEOC charge alleging Title VII discrimination and FMLA violations; district court granted summary judgment for PHM.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Terrell's March 1 actions constitute adverse action based on race? | McElroy contends denial to leave early was race-based discrimination. | Terrell's handling of a single day’s leave is not an adverse action; not an ultimate decision. | No adverse action; dismissal affirmed. |
| Was McElroy's pay lower than a similarly situated white employee? | McElroy claims disparate pay relative to White. | White not a proper comparator due to different responsibilities and tenure. | No valid comparator; no prima facie disparate-pay case. |
| Did PHM willfully violate the FMLA? | PHM allegedly denied FMLA-protected leave. | No FMLA leave request; no protected activity; no adverse action. | No prima facie FMLA violation; affirmed. |
Key Cases Cited
- McCoy v. City of Shreveport, 492 F.3d 551 (5th Cir.2007) (elements of prima facie case for discrimination)
- Mota v. Univ. of Tex. Health Sci. Ctr., 261 F.3d 512 (5th Cir.2001) (denials of leave versus denial of leave on a specific date incomplete adversity)
- Ogden v. Potter, 397 Fed.Appx. 938 (5th Cir.2010) (single denial of leave not an adverse action)
- Lee v. Kansas City S. Ry. Co., 574 F.3d 253 (5th Cir.2009) (comparator analysis in pay discrimination)
- Fields v. Stephen F. Austin State Univ., 611 Fed.Appx. 830 (5th Cir.2015) (different skill and responsibility affect comparators)
- Jackson v. Honeywell Int'l, Inc., 601 Fed.Appx. 280 (5th Cir.2015) (co-worker comparators not identical due to tenure/position)
- Ramirez v. Gonzales, 225 Fed.Appx. 203 (5th Cir.2007) (prima facie elements for FMLA claims (retaliation context))
- Bocalbos v. Nat'l Western Life Ins. Co., 162 F.3d 379 (5th Cir.1998) (elements for prima facie case discrimination or retaliation under FMLA)
- Thompson v. City of Waco, Tex., 764 F.3d 500 (5th Cir.2014) (definition of adverse employment actions)