Garcia v. Randolph-Brooks Fed. Credit Union

JENNIFER GARCIA, Plaintiff, v. RANDOLPH-BROOKS FEDERAL CREDIT UNION, Defendant.

SA-18-CV-00978-OLG

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

January 22, 2020

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

To the Honorable Chief United States District Judge Orlando L. Garcia:

This Report and Recommendation concerns Defendant Randolph-Brooks Federal Credit Union's Motion for Summary Judgment [#26]. All dispositive pretrial matters in this case have been referred to the undersigned for disposition pursuant to Western District of Texas Local Rule CV-72 and Appendix C [#18]. The undersigned has authority to enter this recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons set forth below, it is recommended that Defendant's motion be GRANTED IN PART AND DENIED IN PART.

I. Background

Plaintiff Jennifer Garcia originally filed this case in the 408th Judicial District Court for Bexar County, Texas, on August 13, 2018, against her former employer Defendant Randolph Brooks Federal Credit Union (hereinafter "RBFCU"), alleging (1) interference and retaliation claims under the Family and Medical Leave Act, 29 U.S.C. § 2615 ("FMLA"), (2) employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. ("Title VII"), and (3) intentional infliction of emotional distress under Texas law. RBFCU removed Garcia's Petition to federal court on September 19, 2018 on the basis of federal-question and supplemental jurisdiction. (Notice of Removal [#1].)

Following removal, RBFCU moved to dismiss Garcia's claims of FMLA interference and intentional infliction of emotional distress. (Def.'s Mot. to Dismiss [#2].) In response, Garcia moved to amend her Petition, and the Court granted the motion. (Order Granting Leave [#12].) Garcia's First Amended Complaint is the live pleading in this case and reasserts her claims of FMLA interference and retaliation, Title VII sex discrimination, and intentional infliction of emotional distress but also adds a claim of false imprisonment. (First Am. Compl. [#13] at ¶¶ 22-29.)

According to Garcia's First Amended Complaint, she is a homosexual female, who suffered sex discrimination in the workplace due to her romantic relationship with a coworker. (First Am. Compl. [#13] at ¶ 11.) Garcia alleges that as a result of this relationship, she was repeatedly harassed by upper management, specifically her supervisors Michael Guerra and Hector Hurtado, so much so that the harassment exacerbated her anxiety and depression. (Id. at ¶ 12.) Garcia further claims that RBFCU made it difficult for her to apply for FMLA leave related to these conditions, and she was terminated in retaliation for her use of the leave. (Id. at ¶¶ 13-16.) Garcia's false imprisonment claim concerns the events surrounding her termination; she alleges that armed security guards blocked her from entering her vehicle but that she was able to escape and walk home on foot. (Id. at ¶ 16.)

RBFCU filed a second motion to dismiss, this time seeking dismissal of Garcia's claims of FMLA interference, intentional infliction of emotional distress, and false imprisonment. The undersigned issued a report and recommendation to the District Court on the motion to dismiss, recommending that the motion be granted in part as to Garcia's claim of FMLA interference andintentional infliction of emotional distress but denied as to the claim of false imprisonment. (Report [#21].) The District Court adopted the report in full, leaving Plaintiff's claims of FMLA retaliation, Title VII sex discrimination, and false imprisonment pending. (Order [#23].) RBFCU now moves for summary judgment on all three of these claims.

II. Summary Judgment Record

The summary-judgment record in this case establishes the following disputed and undisputed facts pertaining to Garcia's claims. Garcia, who identifies as a lesbian, began her employment at RBFCU on May 31, 2016 as a consumer lending representative in RBFCU's call center. (Garcia Dep. [#26-1] at 47:1, 23:8-10, 32:18-19, 34:4-6.) RBFCU is a San Antonio based, not-for-profit federal credit union that operates in Austin, Corpus Christi, Dallas, and San Antonio. (Ingle Aff. [#26-2] at ¶ 3.) Garcia subsequently became a consumer lending title support specialist, where she first reported to Denise Rivera, who is now her wife. (Garcia Dep. [#26-1] at 43:21-44:23.) During her employment, she received two merit raises—once while working as a consumer lending representative and once while working as a consumer lending title support specialist. (Garcia Dep. [#26-1] at 39:13-24, 42:9-10.)

Garcia claims that throughout her employment she suffered discrimination due to her sexual orientation. Garcia testified in her deposition that she was the repeated victim of jokes about sexual intercourse, her hair and dress, and her female friendships; that her supervisors refused to issue her a men's company shirt when requested; and that her coworkers publicly humiliated her by issuing her an extra, extra-large women's shirt instead. (Garcia Dep. [#26-1] at 35:7-24, 37:2-11, 80:8-25.) Garcia's deposition testimony states that she complained to her supervisors about the harassment, but it continued. (Garcia Dep. [#26-1] at 35:22-25.) Garciafurther testified that at first she did not complain to Human Resources, but ultimately she did so, still to no avail. (Garcia Dep. [#26-1] at 36:23-37:1, 82:15-25.)

It is undisputed that Garcia has a history of bipolar disorder and anxiety and is under treatment for these conditions. (Med. Records [#29-1].) Garcia applied for intermittent FMLA leave on August 1, 2017 due to these medical issues. (Garcia Dep. [#26-1] at 70:3-25, 170:9-25; Leave Form [#26-6] at 7-8.) In support of her FMLA application, Garcia's physician certified that she suffers from anxiety and panic attacks, that drugs alleviate the symptoms, but she does sometimes need to miss work due to side effects from medications. (Certification [#29-1] at 80-83.) Records of Garcia's leave history indicate that she took intermittent FMLA leave beginning August 2, 2017 continuing through February 2018, when her employment was terminated. (Absence Records [#26-7] at 4-6.)

The record reflects that Garcia's employment was terminated on February 16, 2018 for the stated reason of "dishonesty." (Garcia Dep. [#26-1] at 30:9-14.; Termination Ltr. [#26-9] at 4.) RBFCU maintains Garcia was terminated for dishonesty related to her request for FMLA leave for January 18-19, 2018. (Ingle Aff. [#26-2] at ¶ 5.) The testimony of various witnesses related to Garcia's use of FMLA leave for the dates of January 18-19, 2018 varies slightly.

Garcia stated in her deposition that in January 2018, she needed to have a one-day surgical procedure at the dermatologist for a skin condition unrelated to her intermittent FMLA leave. (Garcia Dep. [#29-2] at 187:6-14.) Garcia maintains that she originally applied to use paid time off ("PTO") for the surgery, but the request was denied because she did not have any PTO available. (Garcia Dep. [#29-2] at 187:15-24; Daffin Aff. [#26-11] at ¶¶ 2-3; Hurtado Dep. [#26-12] at 89:5-25.) Garcia's supervisors, Hector Hurtado and Michael Guerra, both testified in their depositions that Garcia's original PTO request was not for surgery but for acruise vacation she had planned for that time period. (Hurtado Dep. [#26-12] at 89:5-25; Guerra Dep. [#26-13] at 7:6-24.) The testimony is consistent, however, that regardless of the basis for the PTO request, the request was denied due to insufficient remaining PTO. (Hurtado Dep. [#26-12] at 89:5-25; Guerra Dep. [#26-13] at 7:6-24.) Hurtado further testified that it was only after the denial of the PTO request that Garcia indicated she needed surgery for a non-related FMLA claim. (Hurtado Dep. [#26-12] at 89:5-25.)

It is undisputed that Garcia did not receive the dermatological surgery on January 18 or 19, 2018, and the surgery was ultimately rescheduled for February 8, 2019. (Garcia Dep. [#29-2] at 194:14-18.) It is also undisputed that Garcia ultimately requested FMLA leave under her existing intermittent leave for January 18 and 19, 2018, and that she used this FMLA leave to go on a cruise to Cozumel, Mexico with Rivera and others. (Absence Records [#26-7] at 4-6; Daffin Aff. [#26-11] at ¶¶ 2-3; Garcia Dep. [#26-1] at 204:11-18.)

Garcia stated in her deposition that the cruise was recommended by her physician as treatment for her severe depression and anxiety. (Garcia Dep. [#29-2] at 204:15-22.) Garcia concedes she never informed Human Resources or any of her supervisors about the cruise. (Garcia Dep. [#26-1] at 205:6-25.) After Garcia returned to work, however, two of her coworkers submitted statements to Human Resources reporting that Garcia had taken a cruise on January 18 and 19, 2018. (Daffin Aff. [#26-11] at 2; Chavez Statement [#26-8] at 2; Paniagua Statement [#26-8] at 3.)

Barbara Daffin, Human Resources Supervisor for Benefits and Employee Relations, thereafter called Guerra and directed him to terminate Garcia's employment. (Guerra Dep. [#26-13] at 61:19-25.) On the date of Garcia's termination, it is undisputed that Garcia was escorted by armed security guards down the stairwell and off of RBFCU's property. (Garcia Dep. [#26-1]at 252:1-25, 255:1-25; Vives Statement [#26-10] at 2; Juarez Statement [#26-10] at 3; Brooks Statement [#26-10] at 4.) Garcia, however, also testified in her deposition that one of the security officers swore at her, that the officer and others swarmed around her vehicle, which prevented her from getting into her car and from driving out of the parking garage, and that she was forced to walk away on foot. (Garcia Dep. [#26-1] at 254:18-256:23.)

On May 29, 2018, Garcia filed a Charge of Discrimination with the Texas Workforce Commission on Human Rights ("TWCHR") and the Equal Employment Opportunity Commission ("EEOC") for sex discrimination. (EEOC Charge [#26-5] at 4.) The...