J. Jones v. CVS Pharmacy, Inc.

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J. Jones v. CVS Pharmacy, Inc.

Doc. 0

Case: 09-11051

Document: 00511207928

Page: 1

Date Filed: 08/18/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-11051 August 18, 2010 Lyle W. Cayce Clerk

J . MARK JONES, P la in t if f -A p p e lla n t , versu s C V S PHARMACY, INC., D e fe n d a n t -A p p e lle e .

A p p e a l from the United States District Court fo r the Northern District of Texas N o . 3:07-CV-1383

B e fo r e SMITH, WIENER, and ELROD, Circuit Judges. P E R CURIAM:*

M a r k Jones sued CVS Pharmacy, Inc., under title VII of the Civil Rights A c t of 1964, for retaliation and for other claims not relevant to this appeal. Jones appeals a summary judgment that was granted to the company on the

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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Case: 09-11051

Document: 00511207928

Page: 2

Date Filed: 08/18/2010

No. 09-11051 g r o u n d that Jones had not shown a causal link between the protected activity (r e p o r t in g the sexual advances of former supervisors) and any adverse employm e n t actions, including, ultimately, termination. We have read the briefs and pertinent portions of the record and have rev ie w e d the applicable law. After hearing oral argument, we conclude there is no r e v e r s ib le error. As the district court determined, the company provided legitim a t e justifications for its actions, taken in large part because of Jones's many in c id e n t s of misconduct and inadequate performance. Jones failed to offer evid e n c e creating a genuine issue of material fact as to whether his former employe r 's justifications were pretextual. T h e judgment is AFFIRMED.

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