Travis Thomas v. Michael Tregre
913 F.3d 458
5th Cir.2019Background
- Travis Thomas, an African‑American deputy, worked in the St. John the Baptist Parish Sheriff’s Office narcotics division from 2012 until he resigned in April 2015 after being offered a transfer to corrections.
- In February 2014 Thomas reported that fellow officer Justin Bordelon (Caucasian) struck suspect Darnell Randle; other African‑American officers corroborated Thomas’s account, while Randle accused Thomas and another deputy of beating him.
- An internal affairs investigation produced conflicting statements and polygraph results: Bordelon’s polygraph was deemed truthful, Schexnayder’s was deemed deceptive, and Thomas’s was inconclusive; Sheriff Michael Tregre took no disciplinary action then later sought to transfer Thomas and Schexnayder out of narcotics.
- Thomas declined the transfer and resigned; he later filed an EEOC complaint (Aug. 2015) and sent a January 2016 settlement letter seeking reinstatement, back pay, and fees; he never submitted a formal job application after resigning.
- After suit by Randle, a jury found Thomas not liable; Thomas sued Tregre under Title VII for race discrimination and retaliation; the district court granted summary judgment for Tregre, and the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Race discrimination: Was Thomas treated less favorably than similarly situated non‑black employees? | Thomas: He and Bordelon were similarly situated and the investigation/transfer reflected racial discrimination. | Tregre: Investigation and polygraph results differentiated Thomas from Bordelon; no disparate treatment shown. | Held: No genuine issue on the "similarly situated" prong; discrimination claim fails. |
| Race discrimination: Was Thomas replaced by someone outside protected class? | Thomas: Post‑resignation hires (e.g., Boudreaux) show replacement by a white officer. | Tregre: Multiple hires occurred; no evidence Thomas’s position remained vacant or was filled by any specific hire. | Held: No evidence that Thomas’s position was filled by a non‑black replacement; prong not met. |
| Retaliation: Did failure to rehire constitute an adverse employment action? | Thomas: He verbally sought reinstatement and sent a settlement letter; formal application unnecessary. | Tregre: Thomas never applied for a job; refusal to hire for a position he never applied to is not an adverse action. | Held: Thomas did not apply for reinstatement; no adverse employment action shown. |
| Retaliation: Was there causation between EEOC activity and non‑rehire? | Thomas: Temporal proximity and prior EEOC filing support causation. | Tregre: No evidence tying refusal to rehire to EEOC; he has rehired others who filed EEOC claims. | Held: No evidence of causal connection; retaliation claim fails. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishes burden‑shifting framework for discrimination claims)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard when nonmovant lacks evidence on essential element)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (materiality and genuine‑dispute standards for summary judgment)
- McCoy v. City of Shreveport, 492 F.3d 551 (Fifth Circuit test for prima facie Title VII discrimination)
- Howell v. Town of Ball, 827 F.3d 515 (standard of review on summary judgment)
- Celotex/Moss precedent: Moss v. BMC Software, Inc., 610 F.3d 917 (summary judgment evidentiary view)
- Southard v. Texas Bd. of Criminal Justice, 114 F.3d 539 (failure to hire is an adverse employment action)
- Jenkins v. La. Workforce Comm’n, [citation="713 F. App'x 242"] (applicant requirement for failure‑to‑promote/failure‑to‑hire claims)
- Shackelford v. Deloitte & Touche, LLP, 190 F.3d 398 (futility exception when plaintiff did not apply)