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Hart v. Life Care

United States Court of Appeals, Fifth Circuit
Jun 26, 2007
243 F. App'x 816 (5th Cir. 2007)

Summary

holding that denying a request for overtime did not constitute an adverse employment action

Summary of this case from Brooks v. Firestone Polymers, L.L.C.

Opinion

No. 06-11347 Summary Calendar.

June 26, 2007.

Monty Hart, pro se.

Lela Rosalee Loriane Pickell, Ogletree, Deakins, Nash, Smoak Stewart, Dallas, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:05-CV-1222.

Before REAVLEY, WIENER, and DENNIS, Circuit Judges.


Plaintiff-Appellant Monty Hart ("Hart") appeals the district court's grant of summary judgment for the Defendant-Appellee, Life Care Center of Piano ("Life Care"). We review de novo and affirm for the reasons that follow:

1. The district court correctly granted summary judgment on Hart's race discrimination claim. In a Title VII discrimination claim, the plaintiff must establish a prima facie case of discrimination. Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981). In a work-rule violation case, "a Title VII plaintiff may establish a prima facie case by showing either that he did not violate the rule or that, if he did, white employees who engaged in similar acts were not punished similarly." Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1090 (5th Cir. 1995) (internal quotations omitted). Once established, the burden shifts to the defendant to show that its employment decision was made for a legitimate, nondiscriminatory reason. The plaintiff must then show that the proffered reasons are pretextual. Burdine, 450 U.S. at 253, 101 S.Ct. at 1093.

In this case, Life Care fired Hart for falsifying records: Hart told a physician that he fell down and injured his right foot when a food cart rolled over that foot, but a videotape of the incident demonstrated that the cart bumped the heel of Hart's left foot. Hart has offered no evidence to demonstrate that he did not falsify records and violate the work rule. Therefore, Hart has not established a prima facie case of discrimination.

2. Hart has also alleged that his manager discriminated against him by various other means, including issuing Hart a disciplinary warning for reporting late to work; denying Hart a day off; denying a request for overtime; denying Hart a shift change; and assigning Hart more difficult tasks than his Hispanic co-workers. To establish a prima facie case of discrimination with respect to these allegations, Hart must show that (1) he is a member of a protected class; (2) he was qualified for his position; (3) that he suffered an adverse employment action; and (4) that other, similarly situated co-workers outside the protected class were treated differently. Okoye v. Univ. of Texas Houston Health Science Ctr., 245 F.3d 507, 512-13 (5th Cir. 2001).

Here, Hart has not demonstrated that he suffered from an adverse employment action. Adverse employment actions are defined as "ultimate employment decisions," such as "hiring, granting leave, discharging, promoting and compensating." Walker v. Thompson, 214 F.3d 615, 629 (5th Cir. 2000) (internal quotations omitted). None of Hart's allegations constitute an ultimate employment decision. Although Hart does claim that he was denied a day off, the denial of one day of leave does not rise to the level of an adverse employment action.

3. Finally, the district court properly granted summary judgment on Hart's retaliation claim. To make out a prima facie case of retaliation, Hart must show that he (1) engaged in protected conduct; (2) was subjected to an adverse employment action, and (3) the adverse employment action was causally connected to the protected conduct. Shackelford v. Deloitte Touche, LLP, 190 F.3d 398, 407-08 (5th Cir. 1999). With respect to Hart's firing, Hart has failed to rebut Center Life's proffered legitimate reason for his discharge, namely, that Hart falsified records, and has not shown that his conduct was causally connected to his discharge. Furthermore, for the reasons stated above, Hart has not demonstrated that he was subjected to a materially adverse employment action with regard to his other claims of mistreatment. See Burlington N. Santa Fe Ry. Co. v. White, ___ U.S. ___, 126 S.Ct. 2405, 2415, 165 L.Ed.2d 345 (2006). Thus Hart's retaliation claim also fails.

AFFIRMED.


Summaries of

Hart v. Life Care

United States Court of Appeals, Fifth Circuit
Jun 26, 2007
243 F. App'x 816 (5th Cir. 2007)

holding that denying a request for overtime did not constitute an adverse employment action

Summary of this case from Brooks v. Firestone Polymers, L.L.C.

holding that being assigned more difficult tasks is not actionable

Summary of this case from Flowers v. Borden Milk Co.

holding that an employee's being assigned more difficult tasks than Hispanic workers did not constitute an adverse employment action for purposes of employee's Title VII discrimination claim

Summary of this case from Bender v. Shulkin

holding that an employee's being assigned more difficult tasks than Hispanic workers did not constitute an adverse employment action for purposes of employee's Title VII discrimination claim

Summary of this case from Bender v. Shulkin

holding that a “denial of overtime” claim did not “constitute an ultimate employment decision.”

Summary of this case from Brooks v. Firestone Polymers, LLC

holding that a "denial of overtime" claim did not "constitute an ultimate employment decision."

Summary of this case from Brooks v. Firestone Polymers, LLC

holding that denial of shift change or request for overtime is not an adverse employment action

Summary of this case from MIMS v. MOTORS

finding that being assigned more difficult tasks than Hispanic coworkers did not constitute adverse employment action

Summary of this case from Reed v. Riverboat Corp.

finding that the plaintiff's allegation of a single denial of overtime did not constitute an adverse employment action

Summary of this case from Caul v. U.S. Capitol Police

finding that a disciplinary warning for reporting late to work was not an adverse employment action

Summary of this case from Wang v. Formosa Plastics Corp., Texas

being assigned more difficult tasks is not actionable

Summary of this case from Woolard v. Fluor Enters., Inc.

being assigned more difficult tasks is not actionable

Summary of this case from Smith v. Fluor Enters., Inc.

being assigned more difficult tasks is not actionable

Summary of this case from Belcher v. Fluor Enters., Inc.

In Hart, the Fifth Circuit held that the plaintiff's allegations regarding selection for overtime assignments did not constitute an ultimate employment decision.

Summary of this case from Rudolph v. Huntington Ingalls, Inc.

In Hart, the Fifth Circuit held a plaintiff alleging race discrimination failed to prove he suffered an "adverse employment action" based on actions including issuing him a disciplinary warning for reporting late to work; denying him a day off; denying a request for overtime; denying him a shift change; and assigning him more difficult tasks than his Hispanic co-workers.

Summary of this case from Wojciechowski v. Nat'l Oilwell Varco, L.P.
Case details for

Hart v. Life Care

Case Details

Full title:Monty HART, Plaintiff-Appellant, v. LIFE CARE CENTER OF PLANO…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 26, 2007

Citations

243 F. App'x 816 (5th Cir. 2007)

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