Jenkins v. City of San Antonio Fire Dept, No. 14-50483 (5th Cir. 2015)
Annotate this CaseRandy Jenkins, a 51-year-old African-American man, served in the San Antonio Fire Department since 1986. The Fire Department was headed by the Fire Chief, Charles Hood, who managed a deputy chief, assistant chiefs, district chiefs, captains, lieutenants, engineers, and firefighters. In 2008, Jenkins was appointed as one of two district chiefs of Fire Prevention, reporting directly to Assistant Chief Earl Crayton. In this capacity, Jenkins was responsible for oversight of Community Safety & Education ("CS&E"). When the other district chief in the Fire Prevention Division left, Jenkins temporarily assumed his responsibilities. Eventually, a new district chief was assigned to the Fire Prevention Division and given responsibility for CS&E while Jenkins retained oversight of Special Events, Inspections, and Administration. After the recently appointed district chief left in 2009, Captain Christopher Monestier was hired as his replacement and assigned oversight of CS&E and Special Events. In 2011, Assistant Chief Crayton "realigned" Jenkins and Monestier’s duties. Jenkins did not suffer a reduction in rank or benefits but perceived the realignment as discrimination based on his race, color, or age as well as retaliation for giving a statement supporting an EEOC charge against Crayton. Jenkins filed an EEOC charge to this effect, and the EEOC issued a right-to-sue letter on May 16, 2012. Several other actions would lead Jenkins to amend his EEOC complaint to include several other "realignments." He ultimately sued, taking his right-to-sue letter to district court. The district court granted summary judgment in favor of the Fire Department. It held that Jenkins’s discrimination and retaliation claims stemming from the 2011 reassignment of duties were not timely filed. Even assuming his suit was timely, the district court found that Jenkins’s discrimination and retaliation claims stemming from both the 2011 reassignment and Jenkins’s non-selection as District Chief of Inspections in 2012 failed because he was unable to establish a prima facie case. Jenkins timely appealed. But finding no reversible error, the Fifth Circuit affirmed the district court's decision.
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