Cabral v. Brennan, No. 16-50661 (5th Cir. 2017)Annotate this Case
Plaintiff, a Mexican-American in his mid-40's, filed suit against the Postal Service under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq. On appeal, plaintiff challenged the dismissal of his Title VII retaliation claim. Plaintiff claimed that the Postal Service suspended him for two days because he complained of workplace discrimination and harassment. In this case, because the order granting partial summary judgment was interlocutory, the district court should have analyzed the motion for reconsideration under Rule 54(b) instead of Rule 59(e), which applies to final judgments. The court concluded that the procedural error was harmless. The court also concluded that plaintiff failed to state a claim for retaliation because his two-day suspension did not constitute a materially adverse action. Accordingly, the court affirmed the judgment.