Espinoza v. Brennan

TEODORO ESPINOZA, Plaintiff, v. MEGAN J. BRENNAN, Postmaster General, United States Postal Service, Defendant.

EP-14-CV-290-DB

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION

December 7, 2016

MEMORANDUM OPINION AND ORDER

On this day, the Court considered Defendant Megan J. Brennan's ("Ms. Brennan") "Motion for Summary Judgment" ("Motion"), filed in the above-captioned case on August 11, 2016. Therein, Ms. Brennan asks the Court to grant summary judgment on all of Plaintiff Teodoro Espinoza's ("Mr. Espinoza") claims. On September 30, 2016, Mr. Espinoza filed his "Response to Defendant's Motion for Summary Judgment" ("Response").¹ On October 5, 2016, Ms. Brennan filed her Reply. After due consideration, the Court finds that Ms. Brennan's Motion should be granted for the reasons that follow.

BACKGROUND

This is an employment discrimination and retaliation case. Mr. Espinoza is a Hispanic man with psychological disorders and an employee of the U.S. Postal Service ("USPS"). Mr. Espinoza claims that Ms. Brennan, through her employees at USPS, discriminated against him based on his Hispanic race and national origin and his disability—namely his post-traumatic stress disorder ("PTSD")—and retaliated against him for his protected activity.

Mr. Espinoza is a veteran of the U.S. Marine Corps, U.S. Marine Corps Reserves, and the Texas National Guard. Def.'s Ex. 1, ECF No. 38-3, at 7; Pl.'s Decl. Teodoro Espinoza ("Ex. 1"), ECF No. 54, ¶ 6, at 42. He has some disabilities associated with his military service,for which he has sought treatment through the U.S. Department of Veterans Affairs ("the VA"). Def.'s Ex. 1, ECF No. 38-3, at 8; Pl.'s Ex. 1, ECF No. 54, ¶¶ 6-7, at 42. Mr. Espinoza claims that he was diagnosed with PTSD by a doctor at the VA, but he does not know which of the five or six doctors who treated him diagnosed him with PTSD. Pl.'s Ex. 1, ECF No. 54, ¶ 7, at 42. There is no medical evidence before the Court that any doctor diagnosed Mr. Espinoza with PTSD. Mr. Espinoza has also sought treatment from Dr. Gerald Bryan ("Dr. Bryan"), who diagnosed him with paranoid personality disorder and major depressive disorder: single episode on June 24, 2011. Def.'s Ex. 1, ECF No. 38-3, at 9; Def.'s Ex. 8, ECF No. 41, at 8; Pl.'s Ex. 1, ECF No. 54, ¶ 7, at 42. Dr. Bryan did not diagnose Mr. Espinoza with PTSD. Def.'s Ex. 8, ECF No. 41, at 8.

Mr. Espinoza began working as a letter carrier for USPS in 2007. Def.'s Ex. 1, ECF No. 38-3, at 15; Pl.'s Resp. Alleged Statement Facts ("App'x A"), ECF No. 54, at 23. Tyron Taylor ("Mr. Taylor"), an African-American man, began working at the same station as Mr. Espinoza in a management position on April 5, 2011. Def.'s Ex. 1, ECF No. 38-3, at 23; Pl.'s App'x A, ECF No. 54, at 27-28. Regina Boutte ("Ms. Boutte"), an African-American woman, began working at the same station as Mr. Espinoza in a management position on June 6, 2011. Def.'s Ex. 1, ECF No. 38-3, at 23, 28; Pl.'s App'x A, ECF No. 54, at 27-28.

Mr. Espinoza claims that "management" was aware of his disability. Pl.'s Resp. 14. He believes that Mr. Taylor was aware of his disability because Mr. Taylor had entered into settlements with other employees in which he acknowledged that he had received confidential medical information from his wife, who worked at the VA. Pl.'s Ex. 1, ECF No. 54, ¶¶ 4-5, at 42. There is no evidence that Mr. Taylor received any information from the VA about Mr. Espinoza. Mr. Espinoza also claims that his personnel file included documents that said he sought mental health treatment at the VA. Id. ¶ 26, at 45. There is no evidence that Mr. Taylor or Ms. Boutteread these documents. Mr. Espinoza does not claim that any documentation stated that he sought treatment for PTSD, paranoid personality disorder, or major depressive disorder: single episode. Id. ¶¶ 26-27, at 45. Mr. Espinoza claims that Ms. Boutte was aware of his disability through Mr. Taylor because he claims they had a personal relationship. Id. ¶ 26, at 45.

On April 9, 2011, Mr. Taylor gave a presentation to the letter carriers at his station. Def.'s Ex. 1, ECF No. 38-3, at 23; Pl.'s App'x A, ECF No. 54, at 28. During his presentation, Mr. Espinoza questioned Mr. Taylor. Def.'s Ex. 1, ECF No. 38-3, at 23; Pl.'s App'x A, ECF No. 54, at 28. Mr. Espinoza claims that, in response to his questions, Mr. Taylor said, "Can you read the words that are coming out of my mouth?" in a derogatory manner. Pl.'s App'x A, ECF No. 54, at 28. Mr. Espinoza claims that this statement was discriminatory based on his race and national original because it suggested he didn't understand English and was a quote from a movie in which an African-American actor talked to an Asian actor. Id. at 29. He also claims it was discriminatory based on his PTSD because it was intended to provoke him to react negatively. Id.

On April 23, 2011, after he had finished his route, Mr. Espinoza saw another letter carrier, Carlos Trancoso ("Mr. Trancoso"), working. Def.'s Ex. 1, ECF No. 38-3, at 25; Pl.'s App'x A, ECF No. 54, at 30. Mr. Espinoza was the employee union's shop steward, and one of the duties of the shop steward was to question anything that might violate the union contract, including working off the clock. Def.'s Ex. 1, ECF No. 38-3, at 25-26; Pl.'s Ex. 1, ECF No. 54, ¶ 18, at 44. He asked Mr. Taylor and Mr. Trancoso if Mr. Trancoso was working off the clock. Def.'s Ex. 1, ECF No. 38-3, at 26; Pl.'s App'x A, ECF No. 54, at 30. Mr. Espinoza claims that after Mr. Trancoso replied, Mr. Taylor told Mr. Espinoza, in a derogatory manner, to mind his own business. Def.'s Ex. 1, ECF No. 38-3, at 26; Pl.'s App'x A, ECF No. 54, at 30. Mr. Espinozaclaims that this statement discriminated against him based on his disability because it antagonized and disrespected him. Pl.'s App'x A, ECF No. 54, at 30.

On June 6, 2011, on her first day at the same USPS station as Mr. Espinoza, Ms. Boutte observed him for an extended period of time. Def.'s Ex. 1, ECF No. 38-3, at 29-30; Pl.'s App'x A, ECF No. 54, at 31. Mr. Espinoza claims that during that time, she accused him of talking on the phone while working and questioned why he was running late. Def.'s Ex. 1, ECF No. 38-3, at 30; Pl.'s App'x A, ECF No. 54, at 31. He further claims that Mr. Taylor told him, in a derogatory manner, to "put a little snap in that walk" or to "put a snap in that walk." Def.'s Ex. 1, ECF No. 38-3, at 31; Pl.'s App'x A, ECF No. 54, at 32; Pl.'s Resp. 5. Mr. Espinoza claims that, through this exchange, Ms. Boutte and Mr. Taylor discriminated against him based on his disability because they were trying to antagonize him. Pl.'s App'x A, ECF No. 54, at 32. He claims that they discriminated against him based on his race and national origin because an African-American co-worker, Harriston Banks, was not subjected to similar treatment. Pl.'s App'x A, ECF No. 54, at 32.

Another incident occurred on June 7, 2011, but the parties disagree about its details. The parties agree that the incident began when Mr. Espinoza requested advance leave from Mr. Taylor. Def.'s App'x A, ECF No. 38-1, at 12; Pl.'s App'x A, ECF No. 54, at 34. After that, Mr. Taylor gave directions to the letter carriers and specifically directed some instructions to Mr. Espinoza. Def.'s App'x A, ECF No. 38-1, at 12-13; Pl.'s App'x A, ECF No. 54, at 34. Mr. Espinoza claims that Mr. Taylor was yelling and insisted that Mr. Espinoza work faster. Pl.'s App'x A, ECF No. 54, at 34. The parties agree that Mr. Espinoza and Mr. Taylor then exchanged words about the pace of Mr. Espinoza's work. Id. Mr. Espinoza asked if he could speak with his union president and Mr. Taylor denied the request and told Mr. Espinoza several times to return towork. Id. Mr. Espinoza claims that he felt intimidated because Mr. Taylor was bigger than him and "was within ten inches of him." Id. at 35. Mr. Espinoza further claims that he felt nauseated and nervous and could no longer work. Id. He requested sick leave forms from Mr. Taylor, but Mr. Taylor denied his request. Id.; Pl.'s Resp. 5. Mr. Taylor claims that he, as a manager, gave directives to Mr. Espinoza at least five times and that Mr. Espinoza refused to comply with his directives. Def.'s App'x A, ECF No. 38-1, at 13.

That same day, Mr. Espinoza sought Equal Employment Opportunity ("EEO") counseling. Def.'s Ex. 1, ECF No. 38-3, at 23; Def.'s Ex. 2, ECF No. 38-4, at 2; Pl.'s Ex. 1, ECF No. 54, at 41. He claimed that Ms. Boutte and Mr. Taylor discriminated against him based on his "race - Hispanic" and "mental disability (V.A. disability)." Def.'s Ex. 2, ECF No. 38-4, at 2; Pl.'s Ex. 1, ECF No. 54, at 41.

On July 15, 2011, Ms. Boutte and a "higher level concurring official" issued a "14-Day No Time Off Suspension" for Mr. Espinoza. Def.'s Ex. 9, ECF No. 38-4, ¶ 6, at 35; Def.'s Ex. 21, ECF No. 38-5; Pl.'s App'x A, ECF No. 54, at 37. The suspension charged Mr. Espinoza with "Unacceptable Conduct - Failure to Follow Instructions" based on the June 7, 2011, incident. Def.'s Ex. 21, ECF No. 38-5; Pl.'s App'x A, ECF No. 54, at 37. The suspension did not involve any time off or loss of pay. Def.'s Ex. 9, ECF No. 38-4, ¶ 6, at 35; Pl.'s App'x A, ECF No. 54, at 37-38. Mr. Espinoza successfully disputed the suspension before it became final and USPS expunged the suspension from his record. Def.'s Ex. 9, ECF No. 38-4, ¶ 7, at 35; Pl.'s App'x A, ECF No. 54, at 37-38. Mr. Espinoza claims that this suspension was discrimination based on his race and national origin and his disability and retaliation for his protected EEO activity. Pl.'s Resp. 4, 8.

On July 30, 2014, Mr. Espinoza filed this case. He alleged three causes of action in his Complaint: (1) discrimination based on his Hispanic race and national origin under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq.; (2) discrimination based on his disability—PTSD—under the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. 791...