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MIEDEMA v. FACILITY CONCESSION SERVICES, INCORPORATED
United States Court of Appeals, Fifth Circuit.
Filed: September 6, 2012.
B.Miedema also appeals the district court's ruling dismissing her FMLA and Title VII retaliation claims. Both the FMLA and Title VII contain a proscriptive provision which protects employees from retaliation or discrimination for exercising their rights under the respective statutes. 29 C.F.R. § 825.220(c) (FMLA); 42 U.S.C. § 2000e-3 (Title VII). The district court analyzed both of Miedema's retaliation claims under the traditional McDonnell Douglas pretext framework rather than a mixed-motive framework, and this has not been challenged on appeal. Cf. Richardson v. Monitronics Int'l, Inc., 434 F.3d 327, 335 (5th Cir. 2005) (applying mixed motives analysis rather than pretext analysis to FMLA retaliation case); Smith v. Xerox Corp., 602 F.3d 320, 333 (5th Cir. 2010) (applying mixed motives analysis rather than pretext analysis to Title VII retaliation case). To make a prima facie showing of a retaliatory discharge under either statute, Miedema must show that: (1) she engaged in a protected activity; (2) the employer discharged her; and (3) that there is a causal link between the protected activity and the discharge. See Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 768 (5th Cir. 2001) (FMLA); Septimus v. Univ. of Houston, 399 F.3d 601, 608 (5th Cir. 2005) (Title VII). Under the McDonnell Douglas framework, the burden then shifts to Spectrum to articulate a legitimate non-retaliatory reason for the employment action. See Hunt, 277 F.3d at 768; Septimus, 399 F.3d at 608. Once Spectrum has done so, Miedema must show that Spectrum's reason is a pretext for retaliation. See Hunt, 277 F.3d at 768; Septimus, 399 F.3d at 608. We agree with Miedema that she established a prima facie case. It is undisputed that she was protected under the FMLA and Title VII and that she suffered an adverse employment decision. As to the third prong, we assume without deciding that the temporal proximity of Spectrum's discharge to Miedema's FMLA and Title VII activities is sufficient to permit an inference of causation on summary judgment. The burden then shifts to Spectrum to offer a legitimate non-retaliatory reason for Miedema's termination. Spectrum's documented request for information and a statement from Miedema, together with its warning that noncompliance would result in termination, is sufficient to satisfy Spectrum's burden. Finally, the burden shifts back to Miedema to offer some evidence that Spectrum's explanation is pretext. "A party opposing such a summary judgment motion may not rest upon mere allegations contained in the pleadings, but must set forth and support by summary judgment evidence specific facts showing the existence of a genuine issue for trial." Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998), citing Anderson v. Liberty Lobby, 477 U.S. 242, 255-57 (1986). We agree with the district court that Miedema has only restated her underlying FMLA claim without raising any fact issues or submitting any evidence that Spectrum's proffered reason is pretext. As a result, Miedema's retaliation claims cannot survive summary judgment. See, e.g., Hunt, 277 F.3d at 768 (reaching same conclusion in FMLA context); Septimus, 399 F.3d at 611 (reaching same conclusion in Title VII context). IV.For the reasons stated above, the district court order granting summary judgment and dismissing all of the appellant's claims is affirmed.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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