Rogers v. Pearland I.S.D., No. 14-41115 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against the district, alleging a claim of racial discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. Plaintiff twice applied for employment as a master electrician with the district and was rejected both times. The district court granted summary judgment for the district. The court concluded that, even if plaintiff had adequately briefed the claim, he failed to establish a prima facie case for disparate impact where there is no evidence that the district maintained a policy of "excluding from consideration for employment all persons who have been convicted of a felony." In this case, plaintiff failed to demonstrate that the district hired someone outside of his protected class or otherwise treated him less favorably than others similarly situated outside of his protected class. Plaintiff argued that another district employee, Russell Leon Alvis, was similarly situated as plaintiff. The court concluded, however, that Alvis's criminal history was not comparable to that of plaintiff's where Alvis was convicted of delivery of marijuana and sentenced to 10 years probation, and plaintiff was convicted of at least three drug crimes for which he received a far more severe sentence than 10 years probation. Accordingly, the court affirmed the judgment.