Clifton J. Pappion v. Phillips 66 Company

Summary

The court denied Plaintiff Clifton J. Pappion’s motion for summary judgment and granted Phillips 66 Company’s motion for summary judgment in an action alleging race discrimination and retaliation under Title VII. The court held that Pappion failed to establish the required causal connection for his retaliation claims and failed to establish a prima facie case or show pretext for his race-discrimination claims concerning a promotion and disciplinary action. All claims were dismissed with prejudice.

Holdings

1. Any claims based on promotion denials occurring before 2018 were untimely because Pappion did not timely file an EEOC charge concerning those discrete employment actions.
2. Pappion failed to establish a prima facie retaliation claim because the five-year interval between his 2013 EEOC charge and the 2018 promotion decision was too attenuated to establish causation.
3. Pappion failed to establish retaliation based on his 2021 discipline and demotion because the 2013 EEOC charge had no causal connection to the 2021 adverse employment action.
4. Pappion failed to establish a prima facie case of race discrimination concerning the shift team lead position and, alternatively, Phillips 66 articulated a legitimate, nondiscriminatory reason for selecting the coworker.
5. Pappion failed to establish race discrimination because the coworker's conduct was not similarly situated and was not a safety violation.

Questions Presented

1. Whether Pappion established a prima facie case of retaliation based on his nonselection for the 2018 shift team lead position.
2. Whether Pappion's retaliation claims based on earlier promotion denials were timely.
3. Whether Pappion established a prima facie case of retaliation based on his 2021 discipline and demotion.
4. Whether Pappion established a prima facie case of race discrimination based on his nonselection for the shift team lead position.
5. Whether Pappion established a prima facie case of race discrimination based on the disciplinary action and demotion.

Disposition

dismissed