Nellie Jenkins v. Louisiana Workforce Commission
713 F. App'x 242
| 5th Cir. | 2017Background
- Nellie Jenkins, an African-American long‑time LRS Rehabilitation District Supervisor, alleges her supervisor Gerald Dyess undermined her authority and retaliated after she filed a grievance.
- Dyess allegedly told coworkers he would block Jenkins from becoming Regional Manager and discussed not promoting her with an Assistant Director.
- When Dyess retired, LRS appointed John Vaughan (white) as supervisor in charge and later Regional Manager; Jenkins did not apply for the Regional Manager position.
- Jenkins contends a longstanding practice of promoting the supervisor in charge made applying futile and that she was discriminated against (race/sex) and retaliated against (Title VII).
- She sued the Louisiana Workforce Commission asserting: Title VII failure to promote, Title VII retaliation, negligence under La. Civ. Code art. 2315, and intentional infliction of emotional distress; the district court granted a Rule 12(b)(6) dismissal and Jenkins appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to promote (Title VII disparate treatment) | Jenkins says custom of promoting supervisor in charge made applying futile; she was effectively rejected when Vaughan was chosen | No discriminatory policy alleged; Jenkins never applied and has not shown a known, consistently enforced discriminatory policy making application futile | Dismissed — complaint fails to plead facts supporting a plausible inference of discriminatory policy or futility to apply |
| Retaliation (Title VII) | Filing a grievance opposing Dyess’s reassignment of subordinates was protected activity and Dyess’s statements caused adverse action | The grievance did not allege or oppose unlawful discrimination; no plausible facts that her complaint was protected activity under Title VII | Dismissed — complaint fails to plead protected activity; court did not reach causation/adverse action elements |
| Negligence (La. Civ. Code art. 2315) | Employer liable under Article 2315 for breach of statutory/constitutional rights tied to employment actions | Article 2315 claim depends on an underlying violation of statutory or constitutional rights, which Jenkins failed to plead | Dismissed — underlying statutory/constitutional violation not plausibly alleged |
| Intentional infliction of emotional distress (Louisiana law) | Employer’s conduct (undermining authority, passing over for promotion, inappropriate case note) caused severe emotional distress | Allegations do not show extreme/outrageous conduct or severe emotional distress; Louisiana requires repeated, deliberate harassment for such claims | Dismissed — facts not sufficient to plausibly allege extreme conduct or severe distress |
Key Cases Cited
- Raj v. Louisiana State Univ., 714 F.3d 322 (5th Cir.) (standard of review and pleading plausibility at Rule 12(b)(6))
- Chhim v. Univ. of Texas, 836 F.3d 467 (5th Cir.) (pleading ultimate elements to make discrimination claim plausible)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Sup. Ct.) (framework for disparate treatment proof)
- Burrell v. Dr. Pepper/Seven Up Bottling Grp., Inc., 482 F.3d 408 (5th Cir.) (elements of a failure to promote claim)
- Shackelford v. Deloitte & Touche, LLP, 190 F.3d 398 (5th Cir.) (futility exception when plaintiff did not apply for promotion)
- Int’l Bhd. of Teamsters v. United States, 431 U.S. 324 (Sup. Ct.) (requirement that application be deterred by employer’s discriminatory policy)
- Ashcroft v. Iqbal, 556 U.S. 662 (Sup. Ct.) (pleading standard requiring factual content to allow inference of liability)
- Paske v. Fitzgerald, 785 F.3d 977 (5th Cir.) (vague internal complaints are not protected activity under Title VII)
- Guillory v. St. Landry Par. Police Jury, 802 F.2d 822 (5th Cir.) (discussing Article 2315 claims tied to constitutional/statutory violations)
- White v. Monsanto Co., 585 So. 2d 1205 (La.) (elements and Louisiana standards for intentional infliction of emotional distress)