Welsh v. Fort Bend Independent School District, No. 19-20239 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment to the school district in an action brought by plaintiff, alleging claims under Title VII and the Age Discrimination in Employment Act (ADEA) for discrimination on the basis of her national origin, sex, and age. Plaintiff alleged that the school district discriminated against her and retaliated against her when she complained of said discrimination.
The court held that plaintiff's employment discrimination claim failed, because plaintiff failed to prove that the district court imposed an adverse employment action where she never received a reprimand from the school district. Rather, plaintiff was placed in a growth plan that sought to improve upon her weaknesses. The court also held that plaintiff's unsupported speculation, that the principal's failure to provide plaintiff with a recommendation letter constituted an adverse employment action, did not create a genuine issue of material fact. Finally, the court held that, at best, plaintiff's humiliation as a result of another teacher's comment was an unpleasant workplace experience, not an adverse employment action. The court also held that plaintiff's retaliation claim and constructive discharge claim failed as a matter of law.