Allen Ancar, III v. Port Ship Service, Inc.
UNPUBLISHED OPINION FILED. [13-30917 Affirmed ] Judge: EGJ , Judge: JES , Judge: EBC Mandate pull date is 02/21/2014 [13-30917]
Date Filed: 01/31/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
January 31, 2014
Lyle W. Cayce
ALLEN ANCAR, III,
PORT SHIP SERVICE, INCORPORATED,
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:12-CV-1710
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
Allen Ancar sued his employer, claiming discriminatory compensation.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 01/31/2014
The district court granted the employer’s motion for summary judgment.
There is no error, so we affirm.
Ancar was a driver who transported river pilots to and from the port.
Driving assignments were made on a rotating basis from a tablet on which the
name of each pilot was recorded when he called for a ride. Ancar claimed that
he frequently was assigned to pilots who did not give a tip or who tipped low
amounts and that such assignments were made because of his race.
The district court correctly reasoned as follows:
Plaintiff fails to point to any case law suggesting that tips, over
which Plaintiff admits Defendant had no control, constitute compensation, terms, or privileges of employment under Title VII.
Furthermore, Plaintiff does not point to any case law suggesting
that all employees are entitled to the same amount in tips in the
absence of an agreement with the employer regarding tipping.
Additionally, Plaintiff’s conclusory allegations that the dispatcher
intentionally made driver assignments based on race do not suffice
without some supportive and qualifying evidentiary showing to
create a material factual dispute.
The summary judgment is AFFIRMED.
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