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UNPUBLISHED OPINION FILED.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]

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Case: 13-30917 Document: 00512518438 Page: 1 Date Filed: 01/31/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-30917 Summary Calendar FILED January 31, 2014 Lyle W. Cayce Clerk ALLEN ANCAR, III, Plaintiff–Appellant, versus PORT SHIP SERVICE, INCORPORATED, Defendant–Appellee. 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. PER CURIAM:* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-30917 Document: 00512518438 Page: 2 Date Filed: 01/31/2014 No. 13-30917 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. 2

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