Watkins v. Tregre, No. 20-30176 (5th Cir. 2021)Annotate this Case
Plaintiff filed suit against her former boss, the St. John the Baptist Parish Sheriff, for race discrimination under Title VII of the Civil Rights Act of 1964 and for retaliatory discharge under the Family Medical Leave Act (FMLA). The district court granted summary judgment against plaintiff.
The Fifth Circuit vacated the district court's judgment, concluding that there is a genuine dispute of material fact as to whether the sheriff's proffered reason for firing plaintiff -- sleeping on the job -- is pretext for Title VII race discrimination and FMLA retaliation. In regard to plaintiff's Title VII claim, the court explained that plaintiff has produced substantial evidence of pretext based on disparate treatment. In this case, the sheriff treated plaintiff worse than a similarly situated white male who also was caught sleeping on the job. In regard to the FMLA claim, the court explained that the record reflects that "sleeping on the job" is not an infraction that results in termination, the sheriff tolerated "sleeping on the job" by at least one other dispatch supervisor, and the sheriff could not recall any dispatcher that he had ever fired for this reason. Furthermore, when combined with the discredited reason of "sleeping on the job," the near-immediate temporal proximity of the discharge to the protected activity leaves no room to doubt that plaintiff has carried her summary-judgment burden of producing substantial evidence that the sheriff would not have fired her but for her FMLA-protected activity.