Bye v. MGM Resorts, No. 22-60034 (5th Cir. 2022)Annotate this Case
Plaintiff was employed by Employer, an operator of a casino resort, from January 7, 2015, until she gave two weeks’ notice on June 28, 2019. Upon the termination of her employment, Plaintiff claimed she was subject to pregnancy and sex discrimination, harassment, and constructive discharge in violation of Title VII of the Civil Rights Act based on the adequacy of her lactation breaks and harassment she experienced from co-workers.
The district court granted summary judgment to Employer, holding that Plaintiff did not present sufficient evidence to support a prima facie case of disparate treatment, harassment, or constructive discharge. The court further noted that, even if Plaintiff could support a prima facie case of disparate treatment related to the provided lactation breaks, her claim would still fail because Employer articulated legitimate, nondiscriminatory reasons for not giving her breaks at the exact times requested.
The Fifth Circuit affirmed, holding, 1.) Plaintiff's allegations did not support a finding that her co-workers' conduct was objectively severe, 2.) Plaintiff's subjective disparagement of Employer's policies was insufficient to support her constructive discharge claim, and, 3.) Plaintiff's FLSA claims were untimely because they were first raised in response to Employer's motion for summary judgment.