United States Fifth Circuit

Adverse rulings against plaintiff on her claims against her employer and a nonprofit alleging racially discriminatory discharge, creation of a hostile work environment, and retaliation in violation of Title VII, are affirmed where: 1) plaintiff did not show she was an employee of the nonprofit, and thus, dismissal of the claims against it was proper; and 2) plaintiff failed to rebut employer's contention that she was fired for poor work performance and insubordination; 3) her mixed-motive claim was waived; 4) she did not introduce sufficient evidence for a reasonable jury to find that a hostile work environment existed; 5) she failed to make a prima facie showing of unlawful retaliation; and 6) there was no abuse of discretion in a denial of defendants' motion for an award of attorney's fees.

Appellate Information

• Decided 01/19/2007
• Published 01/22/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brian Paul Sanford (argued), Emily Michael Stout, Sheils, Winnubst, Sanford & Bethune, Richardson, TX, for Turner.


• For Appellees:
  
• Patrick Christian Frank (argued), Fiedler, Akin, Frank & Carlton, Dallas, TX, for Defendants.