FORT WORTH (LN) — U.S. District Judge Mark T. Pittman granted summary judgment for Lhoist North America of Texas, LLC, on Friday, dismissing Ebony Candler's Section 1981 race discrimination and retaliation claims. The court held that Candler could not show white drivers were treated more favorably under nearly identical circumstances and that a supervisor's act of throwing a light bulb at him did not meaningfully alter his employment terms.
Candler, a Black truck driver at Lhoist's McKinney terminal, worked for the company from March 2020 until his voluntary resignation in February 2021. According to the complaint, white supervisor Warren Jones and other white coworkers subjected him to racial slurs, refused to train him, and assigned him undesirable tasks like picking up trash and taking the "last load" of the day.
The court held that Candler failed to establish a prima facie case of discrimination because he offered no evidence that the white drivers he cited as comparators held the same job responsibilities, shared the same supervisor, or had comparable violation histories. Candler listed the names of several white drivers but provided no details on their scope of duties or past performance.
"Even if Lhoist treated these drivers favorably like Candler argues, Candler fails to identify any evidence showing that these drivers are similarly situated," Judge Pittman wrote, noting that Candler provided no details on the scope of duties or past performance of the other drivers.
Regarding the retaliation claim, the court ruled that Candler's complaints to his supervisor in April 2020 and throughout his tenure were insufficient to constitute protected activity because he failed to specify the conduct he opposed or demonstrate a reasonable belief that the behavior was unlawful.
The judge also rejected Candler's argument that Jones throwing a light bulb at him on February 3, 2021, was an adverse action, stating that the incident did not meaningfully alter the terms of his employment or injure him.
"Section 1981 does not empower federal courts to enforce a 'general civility code for the American workplace' or adjudicate 'workplace trifles,'" the opinion stated, citing Fifth Circuit precedent.
Candler voluntarily resigned later that day after the light bulb incident, but the court noted he alleged no injuries or other consequences resulting.
The dismissal leaves Candler without a federal forum for his allegations of racial hostility and physical assault products manufacturer.