462 F. App'x 431
5th Cir.2012Background
- Bain worked for Georgia Gulf in Plaquemine, Louisiana from 1982 to 1998 as a top deck operator near PVC reactors.
- Reactor Open Loss readings of vinyl chloride are monitored and reported under NESHAP/LESHAP with quarterly reporting to the environmental department.
- Bain testified in September 1996, January 1997, and May 1997 depositions that top deck operators reported false zeros rather than actual readings.
- Georgia Gulf investigated and reaffirmed the policy to report actual readings.
- Bain reached the fourth step of a five-step corrective action program after sleeping on the job in July 1997 and was given discipline.
- Bain was terminated on May 4, 1998 for threatening a coworker; he filed suit under Louisiana Whistleblower Statute in April 1999; a jury found for Bain, but the district court granted judgment as a matter of law for Georgia Gulf.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bain proved a prima facie retaliation under La. R.S. 30:2027. | Bain protected activity caused adverse action. | Decisionmaker Massey lacked knowledge of protected activity at termination. | No retaliation; Massey lacked knowledge of protected activity. |
Key Cases Cited
- James v. Harris Cnty., 577 F.3d 612 (5th Cir. 2009) (standard for Rule 50 de novo review; evidence sufficiency)
- Manning v. Chevron Chem. Co., LLC, 332 F.3d 874 (5th Cir. 2003) (causation requires knowledge of protected activity by decisionmaker)
- Curl v. Int’l Bus. Machs. Corp., 517 F.2d 212 (5th Cir. 1975) (credibility cannot create genuine issues of material fact)
- Lee v. Kansas City S. Ry. Co., 574 F.3d 253 (5th Cir. 2009) (reaffirms need for knowledge of protected activity)
- Stone v. Entergy Services, Inc., 9 So.3d 193 (La. App. 4 Cir. 2009) (Louisiana retaliation standard cited)