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Case: 09-10183 Document: 00511475175 Page: 1 - page 15 / 19





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Case: 09-10183 Document: 00511475175 Page: 15 Date Filed: 05/12/2011

No. 09-10183

Id. (quotation marks and citation omitted). Temporal proximity, standing alone, is not enough. Strong v. Univ. Healthcare Sys., L.L.C., 482 F.3d 802, 808 (5th Cir. 2007). Ketterer has not established a conflict in substantial evidence on this issue.

The district court properly granted summary judgment.

  • D.

    Hernandez’s Discrimination and Retaliation Claims

    • 1.


Hernandez alleges that he was fired because of his race. He argues the district court erred in granting summary judgment on his discrimination claim by failing to consider evidence of pretext.

The discrimination claim derives from an incident between Hernandez and Green that began when, during roll call, someone yelled at Hernandez, “Go with your girlfriend Ketterer.” After exchanging derogatory remarks, Hernandez threatened Green. Green complained to management, and both Hernandez and Green were suspended. Yellow Transportation conducted an investigation that resulted in warning letters for the initial exchange of remarks. On addition, Hernandez was fired for threatening Green, which was a violation of workplace policy. A formal grievance committee upheld the termination.

To survive summary judgment on a claim of employment discrimination based on circumstantial evidence, the plaintiff first must establish a prima facie case. Bryan v. McKinsey & Co., 375 F.3d 358, 360 (5th Cir. 2004) (citation omitted). Once offered, the burden shifts to the employer to provide evidence of a “legitimate, nondiscriminatory reason for the” adverse employment action. Id. (citation omitted). After the employer meets this burden, “the plaintiff must show that he was the victim of intentional discrimination by showing that the employer’s proffered explanation is unworthy of credence.” Id. (quotation marks and citation omitted). The plaintiff may overcome this hurdle by showing “that the legitimate reasons offered by the [employer] were not its true reasons, but


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