Imeh Affiah v. Texas Southmost College ( 2020 )

Case: 20-40045 Document: 00515629542 Page: 1 Date Filed: 11/06/2020
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 20-40045
FILED
November 6, 2020
Summary Calendar
Lyle W. Cayce
Clerk
Imeh U. Affiah,
Plaintiff—Appellant,
versus
Texas Southmost College; Lissa Frausto; Mike
Shannon,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:18-CV-196
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Imeh Affiah sued Texas Southmost College under Title VII, alleging
racial discrimination, hostile work environment, and retaliation. The district
court granted summary judgment for the College on all counts. We affirm.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-40045 Document: 00515629542 Page: 2 Date Filed: 11/06/2020
No. 20-40045
It is illegal under Title VII for an employer to discharge an employee
because of “race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e–
2(a). Under the familiar McDonnell Douglas burden shifting analysis, the
plaintiff must first make a prima facie case of discrimination. McDonnell
Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). If he can, the burden shifts
to the defendant to “articulate a legitimate non-discriminatory reason for the
adverse employment action.” E.E.O.C. v. Chevron Phillips Chem. Co., 570
F.3d 606, 615 (5th Cir. 2009). Then the burden shifts back to the plaintiff to
show the stated reason is “pretextual.” Burton v. Freescale Semiconductor,
Inc., 798 F.3d 222, 227 (5th Cir. 2015).
Affiah points to no evidence that can support his claims. Meanwhile,
Texas Southmost College’s evidence is uncontroverted and insurmountable.
The College hired Affiah as a dean for the 2016–17 school year. Within
months, nine students and employees filed complaints documenting
“detailed instances of unprofessional behavior and harassment.”
Affiah told one female student her voice was “sexy,” placed his hand
on her shoulder, and asked her on a date. He searched the Internet about a
professor, then asked if she had a boyfriend and told her he was looking for a
Latina woman. He threatened to “call immigration” on a fellow employee.
These are on top of staff complaints about Affiah’s intimidating and
unprofessional conduct. At the district court, Affiah made “no attempt to
controvert this evidence, other than conclusory statements that the evidence
is fabricated.” His appeal here follows the same baseless tack. The College
was well justified to place Affiah on administrative leave and decline his
contract.
AFFIRMED.
2