Panagiota Heath v. Southern University System Fdn
2017 U.S. App. LEXIS 4095
| 5th Cir. | 2017Background
- Panagiota Heath, a Southern University math professor, alleges long‑running sexual and other harassment by her supervisor Mostafa Elaasar beginning in 2003 and continuing after a 2010–2011 sabbatical.
- Heath filed an EEOC charge in early 2013 alleging sex‑based hostile work environment and retaliation; after a right‑to‑sue letter she sued under Title VII and sued Elaasar individually under 42 U.S.C. § 1983 (asserting sex, race, religion, and national‑origin harassment under § 1983).
- A magistrate judge granted summary judgment for defendants, holding (1) Heath failed to exhaust Title VII claims for race, religion, and national origin, (2) most alleged misconduct was time‑barred (300 days for Title VII, one year for § 1983), (3) conduct within the limitations windows did not establish a hostile work environment, and (4) retaliation claim failed for lack of causation.
- On appeal Heath did not contest dismissal of the non‑sex Title VII claims; the principal dispute is whether the continuing‑violation doctrine allows the court to consider harassing acts outside the 300‑day and one‑year windows.
- The Fifth Circuit held the magistrate erred by applying a pre‑Morgan "on‑notice" test (from Celestine) that bars consideration of earlier acts once a plaintiff reasonably should have sued; instead Morgan governs hostile work environment accrual and precludes an "on‑notice" cutoff.
- The court reversed summary judgment on the hostile work environment claims and remanded for consideration of the full course of conduct back to Heath’s 2011 return from leave; it affirmed dismissal of the discrete‑act Title VII retaliation claim for failure to show causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuing‑violation doctrine permits consideration of harassing acts older than 300 days (Title VII) / one year (§ 1983) | Heath: hostile environment is a continuing violation; acts back to 2011 should be considered | Defendants/Magistrate: Celestine’s "on‑notice" factor bars acts occurring before plaintiff should have known to sue | Court: Morgan controls; the "on‑notice" Celestine factor was overruled for hostile environment claims — remand to consider conduct back to 2011 |
| Whether § 1983 hostile environment accrual follows the same continuing‑violation analysis as Title VII | Heath: § 1983 claim based on cumulative course of conduct should be treated like Title VII | Defendants: § 1983 limited by one‑year state prescription and the magistrate’s limitations ruling | Court: § 1983 hostile environment uses the same continuing‑violation accrual analysis (Morgan); magistrate erred in cutting off the period |
| Whether conduct within the applicable window (as Magistrate considered it) constituted sex‑based hostile work environment under Title VII | Heath: the cumulative conduct (if properly aggregated) is severe and pervasive and sex‑based | Defendants: acts in window insufficient to show severe or sex‑based discrimination; favorable treatment of another female undermines claim | Court: Remanded — district court must reassess hostile environment on the full time period; noted that isolated favorable treatment of another woman is not dispositive at summary judgment |
| Whether Heath’s Title VII retaliation claim survives summary judgment | Heath: adverse actions were retaliatory based on her 2009 state lawsuit | Defendants: alleged retaliatory acts fall outside the 300‑day window and cannot be tied causally | Court: Affirmed dismissal — retaliation treated as discrete acts, timing gap precludes causation by temporal proximity alone |
Key Cases Cited
- National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (hostile work environment claims are continuing violations; a timely act can make the whole time period actionable)
- Celestine v. Petroleos de Venezuela S.A., 266 F.3d 343 (5th Cir. 2001) (pre‑Morgan three‑factor test for continuing violation, including an "on‑notice" factor)
- Stewart v. Mississippi Traffic Comm’n, 586 F.3d 321 (5th Cir. 2009) (post‑Morgan framework limiting continuing‑violation doctrine: relatedness, continuity, and equitable considerations)
- Faragher v. Boca Raton, 524 U.S. 775 (1998) (hostile work environment standards and employer vicarious liability principles)
- Price v. Digital Equip. Corp., 846 F.2d 1026 (1st Cir. 1988) (remand appropriate where summary judgment rests on incorrect statute‑of‑limitations analysis)