Trevillion v. TX Rehab Comm ( 1996 )


Menu:
  •                      UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    _______________________
    No. 95-50684
    Summary Calendar
    _______________________
    KIM YVONNE TREVILLION,
    Plaintiff-Appellant,
    versus
    TEXAS REHABILITATION COMMISSION, ET AL.
    Defendants-Appellees.
    _________________________________________________________________
    Appeal from the United States District Court
    for the Southern District of Texas
    (SA-94-CV-642)
    _________________________________________________________________
    April 17, 1996
    Before JOLLY, JONES and STEWART, Circuit Judges.
    EDITH H. JONES, Circuit Judge:*
    Kim Yvonne Trevillion ("Trevillion") appeals the district
    court's grant of summary judgment in favor of her employer, Texas
    Rehabilitation Commission (“TRC”), on Trevillion's claims that she
    was sexually harassed and that TRC terminated her employment in
    unlawful retaliation for her reporting this alleged harassment.
    After reviewing      the    evidence   in   the   light    most   favorable   to
    *
    Local Rule 47.5 provides: "The publication of opinions that have no
    precedential value and merely decide particular cases on the basis of well-
    settled principles of law imposes needless expense on the public and burdens on
    the legal profession." Pursuant to that Rule, the Court has determined that this
    opinion should not be published.
    Trevillion, this court affirms.
    BACKGROUND
    Trevillion transferred to the San Antonio-North Field
    Office of the TRC early in 1993.*     On March 17, 1993, Trevillion
    was admonished by her supervisor, Eliseo Smith (“Smith”), for
    complaints of rudeness filed against her by a TRC client, John
    Buckley.   The very next day, Trevillion complained to the regional
    director of the TRC that she had been sexually harassed by Smith in
    January and February of 1993.     As soon as a formal complaint of
    sexual harassment was completed by Trevillion, the complaint was
    immediately investigated by the area manager for TRC, Jerry Crain
    (“Crain”).   Smith denied all allegations of sexual harassment and
    Crain concluded that there was no evidence of such harassment.
    Besides the alleged incidents of harassment in January and February
    of 1993, Trevillion alleged no further sexual harassment.
    Because complaints from co-workers and clients about
    Trevillion had grown steadily, Smith and Crain discussed these
    complaints with her.    On May 12, 1993, Trevillion was given a
    written warning urging her to rectify the recurring complaints.
    Since the complaints continued, on July 2, 1993, Trevillion was
    placed on conditional employment.      On August 26, 1993, she was
    notified that TRC was considering action adverse to her continued
    employment and, on August 31, 1993, Trevillion was terminated.
    *
    Trevillion was transferred to the San Antonio branch of
    the TRC from the Austin office as part of a mediated settlement
    agreement of a prior lawsuit filed by Trevillion that alleged
    racial discrimination and retaliation under Title VII.
    2
    After   unsuccessfully      seeking       relief    with    the   Equal
    Employment Opportunity Commission, Trevillion was issued a right to
    sue letter and the instant lawsuit followed.                     In this lawsuit,
    Trevillion complains that she was sexually harassed at TRC and was
    unlawfully terminated after she reported this alleged harassment.
    DISCUSSION
    This court reviews the district court's grant of summary
    judgment de novo, employing the same criteria used in that court.
    Burfield v. Brown, Moore & Flint, Inc., 
    51 F.3d 583
    , 588 (5th Cir.
    1995).    Summary        judgment   is   proper    only    "if     the    pleadings,
    depositions, answers to interrogatories, and admissions on file,
    together with the affidavits, if any, show that there is no genuine
    issue as to any material fact and that the moving party is entitled
    to judgment as a matter of law."             Fed. R. Civ. P. 56(c).          Factual
    questions and inferences are viewed in the light most favorable to
    the nonmovant. Lemelle v. Universal Mfg. Corp., 
    18 F.3d 1268
    , 1272
    (5th Cir. 1994).
    Although    Rule   56(c)       requires    the     moving    party    to
    demonstrate the absence of a genuine issue of material fact, a
    dispute about a material fact is genuine only if the evidence is
    such   that    a   reasonable    jury    could    return    a    verdict    for    the
    nonmovant.     See Celotex Corp. v. Catrett, 
    477 U.S. 317
    , 323, 
    106 S. Ct. 2548
    , 2552 (1986); Anderson v. Liberty Lobby, Inc., 
    477 U.S. 242
    , 248, 
    106 S. Ct. 2505
    , 2510 (1986).                    If the moving party
    demonstrates the absence of a genuine issue of material fact, then
    the nonmovant is burdened with establishing the existence of a
    3
    genuine issue for trial.           Matsushita Elec. Indus. Co. v. Zenith
    Radio, 
    475 U.S. 574
    , 585-87, 
    106 S. Ct. 1348
    , 1355-56 (1986).                  This
    burden requires the nonmovant to do more than merely raise some
    metaphysical doubt as to the material facts.              Matsushita, 
    475 U.S. at 586
    , 106 S. Ct. at 1355.
    A.     Sexual Harassment
    In order to state a prima facie claim under Title VII for
    unlawful    sexual   harassment       in   a    hostile    work    environment,
    Trevillion must demonstrate the following:
    (1) membership in a protected group; (2)
    subjection to unprovoked sexual advances, or
    request for sexual favors, or other verbal or
    physical conduct of a sexual nature; (3) but
    for her sex, the plaintiff would not have been
    the object of harassment; (4) the harassment
    was sufficiently pervasive to alter the
    conditions of employment and create an abusive
    or hostile working environment; and (5) the
    employer knew or should have known of the
    harassment and failed to take prompt remedial
    action.
    Cortes v. Maxus Exploration Co., 
    977 F.2d 195
    , 198-99 (5th Cir.
    1992). See also Jones v. Flagship Int’l, 
    793 F.2d 714
    , 719-20 (5th
    Cir. 1986).
    As the district court correctly explained, TRC can only
    be liable under Title VII for the sexual harassment allegedly
    committed   by   Smith   if   it    knew   or   should    have    known   of   the
    harassment and if it failed to take prompt remedial action.                    See
    Cortes, 
    977 F.2d at 198-99
    .         Of course, it is Trevillion’s burden
    to demonstrate that TRC both knew or should have known of the
    harassment and that it failed to effectuate an appropriate remedy.
    Carmen v. Lubrizol Corp., 
    17 F.3d 791
    , 794-95 (5th Cir. 1994) (per
    4
    curiam).
    Because     Trevillion     cannot           satisfy     this   burden,      the
    district     court    properly      awarded         summary    judgment      to   TRC    on
    Trevillion’s claim of sexual harassment.                    Upon careful review, the
    record demonstrates that TRC began an investigation immediately
    upon receiving Trevillion’s complaint; that it interviewed both
    parties    the    same   day   that    the      complaint      was     filed;     that    it
    counseled Smith about the alleged harassment; and that no further
    instances of sexual harassment were reported by Trevillion.                         Since
    TRC   took   prompt      remedial     action        to    investigate       and   address
    Trevillion’s complaint of sexual harassment, she cannot state a
    prima facie case for unlawful sexual harassment in a hostile work
    environment and summary judgment was properly granted to TRC on
    this claim.
    B.     Retaliatory Discharge
    Similarly, in order to state a prima facie case of
    unlawful retaliation, Trevillion must establish
    (1) that she engaged in a statutorily
    protected activity; (2) that she experienced
    an adverse employment action following the
    protected activity; and (3) that a causal link
    exists between the protected activity and the
    adverse employment action.
    Nowlin v. Resolution Trust Corp., 
    33 F.3d 498
    , 507 (5th Cir. 1994).
    A rebuttable presumption of discrimination arise only if Trevillion
    proves these elements.         See Bodenheimer v. PPG Industries, Inc., 
    5 F.3d 995
     (5th Cir. 1993).
    Of   course,      even    if       a    rebuttable        presumption       of
    discrimination       arises,     TRC    can         rebut     this     presumption       by
    5
    articulating     a    legitimate,         non-discriminatory         reason       for   the
    decision to terminate Trevillion.                   Wilson v. Belmont Homes, 
    970 F.2d 53
    , 57 (5th Cir. 1992).                If such a reason is articulated by
    TRC,   Trevillion      must      demonstrate     that     the   reason      was      merely
    pretextual and that retaliation was the actual cause for her
    termination.     St. Mary’s Honor Center v. Hicks, ___ U.S. ___, 
    113 S. Ct. 2742
    , 2752 (1993).
    The record unambiguously chronicles that TRC had received
    numerous complaints about Trevillion and that, as a result, TRC had
    a   legitimate,        non-discriminatory            reason     to    terminate         her
    employment.      Trevillion, by contrast, can offer nothing short of
    mere   conjecture          to    refute      this      reasoning     and        to    prove
    discrimination.        Of course, such conjecture is not sufficient to
    withstand summary judgment for TRC.                  See Matsushita, 
    475 U.S. at 586
    , 106 S. Ct. at 1355; Little v. Republic Ref. Co., 
    924 F.2d 93
    ,
    96 (5th Cir. 1991) (explaining that “a plaintiff’s subjective
    belief of discrimination, however genuine, cannot alone be the
    basis for judicial relief.”).                As a result, summary judgment was
    also   appropriate         for   TRC   on    Trevillion’s       claim      of    unlawful
    retaliation.
    CONCLUSION
    For       the   foregoing        reasons,    this    court    AFFIRMS        the
    district court's judgment granting TRC summary judgment against
    Trevillion's claims of sexual harassment and retaliatory discharge.
    6