Timothy Patton v. Jacobs Eng'g Grp., Inc, e, 874 F.3d 437 (5th Cir. 2017). · Go Syfert
Timothy Patton v. Jacobs Eng'g Grp., Inc, e, 874 F.3d 437 (5th Cir. 2017). Cases Citing This Book View Copy Cite
“construing the scope of patton's charge liberally, we hold that his failure to accommodate claim could reasonable be expected to-and in fact did-grow out of his charge of discrimination.”
152 citation events (152 in the last 25 years) across 13 distinct courts.
Strongest positive: Brittney Garner and David Daigle v. Travis County Emergency Services District No. 1 (txwd, 2025-10-29)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Brittney Garner and David Daigle v. Travis County Emergency Services District No. 1 (2×) also: Cited "see"
W.D. Tex. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in determining whether a plaintiff has exhausted a particular claim, 'the scope of an eeoc complaint should be construed liberally.
discussed Cited as authority (verbatim quote) Cooper v. Lamar Consolidated Independent School District (2×) also: Cited as authority (rule)
S.D. Tex. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
construing the scope of patton's charge liberally, we hold that his failure to accommodate claim could reasonable be expected to-and in fact did-grow out of his charge of discrimination.
discussed Cited as authority (rule) Tatyana Crystal Livingston v. Southern New Hampshire University
S.D. Tex. · 2025 · confidence medium
Livingston offers no rebuttal. □ “Before a plaintiff may file her ADA claim in federal court, she must exhaust her administrative remedies.” Patton v. Jacobs Eng’g Grp., 874 F.3d 437, 443 (Sth Cir. 2017) (citing Dao v. Auchan Hypermarket, 96 F.3d 787, 789 (Sth Cir. 1996) □ (per curiam)).
discussed Cited as authority (rule) Diedre Holloway v. Fort Bend Independent School District
S.D. Tex. · 2025 · confidence medium
“In determining whether harassment is sufficiently pervasive or severe, [courts] consider ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Thompson v. Microsoft Corp., 2 F.4th 460, 471 (5th Cir. 2021) (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017)).
discussed Cited as authority (rule) Montgomery v. Vernon Parish School Board
W.D. La. · 2025 · confidence medium
In determining whether a workplace constitutes a hostile work environment, a court “examines the totality of circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.” Patton v. Jacobs Eng'g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017) (citation and quotations omitted).
discussed Cited as authority (rule) Fields v. Nucor Corporation
E.D. La. · 2025 · confidence medium
Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (citing Pacheco v. Mineta, 448 F.3d 783, 788 (5th Cir. 2006)). “‘On the other hand, a primary purpose of Title VII is to trigger the investigatory and conciliatory procedures of the EEOC, in attempt[ing] to achieve non-judicial resolution of employment discrimination claims.’” Id. (quoting Pacheco, 448 F.3d at 788-89 ).
discussed Cited as authority (rule) Metwalli v. Canadian Solar
N.D. Tex. · 2025 · confidence medium
That said, the Court still must examine the charge made part of the pleadings to determine the scope of claims exhausted by it, keeping in mind “that ‘the scope of an EEOC complaint should be construed liberally.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheco v. Mineta, 448 F.3d 783, 788 (5th Cir. 2006)).
discussed Cited as authority (rule) Hinojosa v. Student Transportation of America, Inc.
W.D. Tex. · 2025 · confidence medium
The Fifth Circuit liberally construes an EEOC complaint by the scope of the EEOC investigation that “can reasonably be expected to grow out of the charge of discrimination.” Patton v. Jacobs Eng’g Grp., 874 F.3d 437, 443 (5th Cir. 2017) (citation omitted).
discussed Cited as authority (rule) Tyreke Dave Lumpkin v. Credit Human Federal Credit Union, Michael Swan, Jonathan Villareal, Diana Istre
W.D. Tex. · 2025 · confidence medium
The Fifth Circuit considered an EEOC intake questionnaire, in which a complainant stated he had “requested changes or assistance because of his disability” but was brushed off by his employer, part of the formal, filed charge, such that the complainant’s “failure to accommodate claim could reasonably be expected . . . to grow out of his charge of discrimination.” Patton v. Jacobs Engineering Grp., Inc., 874 F.3d 437, 434-44 (5th Cir. 2017).
discussed Cited as authority (rule) Williams v. Richardson Independent School District (2×)
N.D. Tex. · 2025 · confidence medium
To determine “whether a plaintiff has exhausted a particular claim, [the Fifth Circuit has] noted that ‘the scope of an EEOC complaint should be construed liberally.’” Patton v. Jacobs Eng’g Group, Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheco v. Mineta, 448 F.3d 783, 788 (5th Cir. 2006)).
discussed Cited as authority (rule) Eddy v. International Business Machines Corp
W.D. La. · 2025 · confidence medium
In assessing whether a plaintiff has exhausted a particular claim, “the scope of an EEOC complaint should be construed liberally.” Jennings v. Towers Watson, 11 F.4th 335, 342 (5th Cir. 2021) (citing, inter alia, Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017)).
discussed Cited as authority (rule) Cox v. Danos, L.L.C.
E.D. La. · 2025 · confidence medium
Chevron freely admits the rumors spread by Nurse Dedeaux were related to Plaintiff’s medications.133 These include alleged rumors Plaintiff was snorting his prescribed medication and that he was a “drug addict” and “clinically crazy.”134 Plaintiff alleges these 127 Id. (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017)). 128 Id. (quoting Patton, 874 F.3d at 445 ). 129 See Rec.
discussed Cited as authority (rule) Smith v. General Motors
5th Cir. · 2025 · confidence medium
Specifically, a plaintiff must file a charge of discrimination with the EEOC within 180 days of ‘the alleged unlawful employment practice,’ or within 300 days if the charge is filed with a state or local agency . . . .” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (citations omitted).
discussed Cited as authority (rule) Ferrara v. McDonough (2×) also: Cited "see"
W.D. Tex. · 2025 · confidence medium
“When assessing exhaustion, ‘the scope of an EEOC complaint should be construed liberally.’” Lopez, 2025 WL 600120 , at *5 (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017)).
discussed Cited as authority (rule) Way v. City of Missouri City (2×) also: Cited "see"
5th Cir. · 2025 · confidence medium
Finally, in Patton, we held that the plaintiff’s ADA claim failed because his only evidence was his statement that “his stuttering and anxiety problems ‘all go together’” and that “at a previous job he was sensitive to noise.” Patton, 874 F.3d at 444 (cleaned up).
discussed Cited as authority (rule) Morgan v. Bray
5th Cir. · 2025 · confidence medium
Title VII provides that “[a]s a precondition to the commencement of a Title VII action in court, a complainant must first file a charge with the Equal Employment Opportunity Commission.”5 To satisfy this administrative _____________________ 5 Fort Bend County v. Davis, 587 U.S. 541, 543 (2019) (citing 42 U.S.C. § 2000e– 5(e)(1), (f)(1)). 4 Case: 24-60156 Document: 78-1 Page: 5 Date Filed: 03/10/2025 No. 24-60156 exhaustion requirement, a plaintiff must file her charge “with the EEOC within 180 days of the discriminatory action.”6 “Whether or not the EEOC acts on the charge, a comp…
cited Cited as authority (rule) Glapion v. Saks Fifth Avenue, LLC
E.D. La. · 2025 · confidence medium
Patton v. Jacobs Eng’g Group, Inc., 874 F.3d 437, 443 (5th Cir. 2017).
cited Cited as authority (rule) Bohemond v. City of Dallas Texas
N.D. Tex. · 2025 · confidence medium
Ernst, 1 F.4th at 338–39; Patton v. Jacobs Eng'g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017).
discussed Cited as authority (rule) Sheyin v. Pan American Life Insurance Group, Inc.
E.D. La. · 2024 · confidence medium
La. 2018) (explaining that claims raised in an EEOC charge remain unexhausted if the charge did not contain an adequate factual basis to “‘trigger the investigatory and conciliatory procedures of the EEOC’” relative to each claim such that it “‘could be reasonably expected to . . . grow out of [the] charge of discrimination.’”) (quoting Patton v. Jacobs Eng'g Grp., Inc., 874 F.3d 437, 444 (5th Cir. 2017)). 17 Doc. 11-1. 18 Doc. 11 at 3–4. 19 Doc. 11 at 4. 20 Doc. 12 at 1.
discussed Cited as authority (rule) Starling v. General Motors LLC
S.D. Miss. · 2024 · confidence medium
Instead, “[i]n determining whether a plaintiff has exhausted a particular claim, we have noted that the scope of an EEOC complaint should be construed liberally.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quotation marks and citation omitted). “[T]his court interprets what is properly embraced in review of a Title VII claim somewhat broadly, not solely by the scope of the administrative charge itself, but by the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” Id. (quotation marks and citation o…
discussed Cited as authority (rule) Buckner v. West Tallahatchie School District
N.D. Miss. · 2024 · confidence medium
“Before a plaintiff may file her ADA claim in federal court, she must exhaust her administrative remedies.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017). 14 The defendants also argue in their reply that Buckner “confuses and repeatedly conflates one of his prior [EEOC] charges … with the current one in a failed effort to support his current lawsuit.” Doc. #24 at 4.
discussed Cited as authority (rule) Veronica Coutee v. Department of Veterans Affairs
MSPB · 2024 · confidence medium
Patton v. Jacobs Engineering Group, 874 F.3d 437, 444 (5th Cir. 2017); see Foster v. Mountain Coal Company, 830 F.3d 1178, 1188 (10th Cir. 2016) (explaining that a reasonable accommodation request “must make clear that the employee wants assistance for his or her disability”); Ballard v. Rubin, 284 F.3d 957, 962 (8th Cir. 2002) (stating that while there are no magic words needed to request a reasonable accommodation, the employee must make clear 10 that he wants assistance for his disability). 8 We acknowledge that a request for LWOP for a specific period of time may be a reasonable accomm…
discussed Cited as authority (rule) Versaggi v. KLS Martin (2×)
5th Cir. · 2024 · confidence medium
Where a disability is not “open, obvious, and apparent to the employer,” the individual requesting an accommodation carries the burden “to specifically identify the disability and resulting limitations, and to suggest the reasonable accommodations.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 444 (5th Cir. 2017). 3 Case: 21-20547 Document: 59-1 Page: 4 Date Filed: 05/21/2024 No. 21-20547 Here, although Versaggi e-mailed KLS’s human resources to request an accommodation on November 21, 2016, Versaggi’s e-mail falls short of the legal requirements for clear notice.
discussed Cited as authority (rule) Brown v. San Antonio Food Bank
5th Cir. · 2024 · confidence medium
Bd. of Concordia Par., 88 F.4th 588, 594 (5th Cir. 2023) (“[W]e have held that parties forfeited arguments by not attempt[ing] to rebut the district court’s conclusions or by failing to cite the provisions at issue in the opening brief and explain[ing] why the [district] court was wrong about what those provisions permit.” (internal quotation marks and citations omitted) (second and third alterations in original)). 13 Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 442 (5th Cir. 2017) (internal quotation marks and citation omitted). 14 E.E.O.C. v. Agro Distrib., LLC, 555 F.3d 462, 471…
discussed Cited as authority (rule) LaRocca v. Alvin Independent School District
S.D. Tex. · 2024 · confidence medium
Nevertheless, construing the scope of LaRocca’s charge liberally, as I must, I conclude that her national origin discrimination claim “could reasonably be expected to—and in fact did—grow out of [her] charge of discrimination.” Patton v. Jacobs Eng’g Grp., 874 F.3d 437, 444 (5th Cir. 2017).
discussed Cited as authority (rule) Watson v. FedEx Express
5th Cir. · 2024 · confidence medium
Watson’s assertions in his complaint and appellate brief regarding his failure-to-accommodate claim are contradictory _____________________ 12 Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002) (internal quotation marks and citation omitted). 13 Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 442 (5th Cir. 2017) (internal quotation marks and citation omitted). 7 Case: 23-10806 Document: 00517050280 Page: 8 Date Filed: 01/30/2024 No. 23-10806 and largely incomprehensible.
discussed Cited as authority (rule) Sambrano v. United Airlines Inc
N.D. Tex. · 2023 · confidence medium
Restaurants, Inc., 701 F.2d 447, 448 (5th Cir. 1983) (looking beyond initial EEOC charge to entire resulting investigation); Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheco, 448 F.3d at 789 ) (“To balance [conflicting] considerations, ‘this court interprets what is properly embraced in review of a Title VII claim somewhat broadly, not solely by the scope of the administrative charge itself.’”); Pacheco, 448 F.3d at 789 (“We engage in fact-intensive analysis of the statement given by the plaintiff in the administrative charge, and look slightly …
discussed Cited as authority (rule) Chaplin v. HCL America, Inc.
N.D. Tex. · 2023 · confidence medium
Restaurants, Inc., 701 F.2d 447, 448 (5th Cir. 1983) (looking beyond initial EEOC charge to entire resulting investigation); Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheco, 448 F.3d at 789 ) (“To balance [conflicting] considerations, ‘this court interprets what is properly embraced in review of a Title VII claim somewhat broadly, not solely by the scope of the administrative charge itself.’”); Pacheco, 448 F.3d at 789 (“We engage in fact-intensive analysis of the statement given by the plaintiff in the administrative charge, and look slightly …
discussed Cited as authority (rule) Woods v. Louisiana Special School District (2×)
E.D. La. · 2023 · confidence medium
In determining whether a plaintiff has exhausted a particular claim, courts construe the scope of an EEOC complaint “somewhat broadly, not solely by the scope of the administrative charge itself, but by the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination[.]” Jennings, 11 F.4th at 342 (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017)).
discussed Cited as authority (rule) Scharklet v. Case Healthcare Solutions, Inc.
N.D. Miss. · 2023 · confidence medium
In determining whether a plaintiff has administratively exhausted a particular claim, “the scope of an EEOC complaint should be construed liberally.” Patton v. Jacobs Engineering Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheo, 448 F.3d at 788 ).
cited Cited as authority (rule) Bennett v. Memorial Hospital at Gulfport
S.D. Miss. · 2023 · confidence medium
Jennings v. Towers Watson, 11 F.4th 335, 342 (5th Cir. 2021) (quoting Patton Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017)).
discussed Cited as authority (rule) King v. Texas A&M Engineering Extension Service
E.D. Tex. · 2023 · confidence medium
ADA Claims Title I of the ADA prohibits employment discrimination against a qualified individual on the basis of his or her disability. 42 U.S.C. § 12112 (a); Patton v. Jacobs Eng’g Grp, Inc., 874 F.3d 437, 442 (5th Cir. 2017).
cited Cited as authority (rule) Angus v. Mayorkas
5th Cir. · 2023 · confidence medium
Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017).
discussed Cited as authority (rule) McCloud v. McDonough
5th Cir. · 2023 · confidence medium
“In determining whether harassment is sufficiently pervasive or severe, we consider ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.’” Thompson v. Microsoft Corp., 2 F.4th 460, 471 (5th Cir. 2021) (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017)).
discussed Cited as authority (rule) Sims v. Louisiana State
E.D. La. · 2023 · confidence medium
Sys., 1 F.4th 333, 338 (5th Cir. 2021) (“An intake questionnaire that ‘is not verified as required by EEOC regulations . . . cannot be deemed a charge.’” (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017))).
cited Cited as authority (rule) Blanchard v. Administrators of the Tulane Educational Fund
E.D. La. · 2022 · confidence medium
I believe I have been discriminated against.84 79 See Patton v. Jacobs Eng’g Grp., 874 F.3d 437, 443 (5th Cir. 2017). 80 Id. 81 Id. 82 Id. at 444 . 83 Id. 84 R.
discussed Cited as authority (rule) Markiewicz v. Galloway, Johnson, Tompkins, Burr and Smith APLC
E.D. La. · 2022 · confidence medium
In determining whether harassment is sufficiently pervasive or severe, courts consider “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.” Thompson, 2 F.4th at 471 (quoting Patton v. Jacobs Eng’r Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017)).
discussed Cited as authority (rule) Goode v. Early Encounters, Inc.
S.D. Miss. · 2022 · confidence medium
Court engages in a “fact-intensive analysis of the statement given by the plaintiff in the administrative charge, and look slightly beyond its four corners, to its substance rather than its label.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quotation omitted). ii.
discussed Cited as authority (rule) Foster v. United Airlines, Inc.
S.D. Tex. · 2022 · confidence medium
Through Off. of Att’y Gen., 860 F.3d 785, 796 (5th Cir. 2017)) (internal quotation marks omitted). “[S]imple teasing, offhand comments, and isolated incidents (unless extremely serious) do not suffice to alter the terms and conditions of employment.” Thompson, 2 F.4th at 471 (quoting Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017)); see also Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (a workplace “permeated with discriminatory intimidation, ridicule, and insult” is abusive).
discussed Cited as authority (rule) Phillip Crawford v. United States Postal Service
MSPB · 2022 · confidence medium
Patton v. Jacobs Engineering Group, 874 F.3d 437, 444 (5th Cir. 2017); see Foster v. Mountain Coal Company, 830 F.3d 1178, 1188 (10th Cir. 2016) (explaining that a reasonable accommodation request “must make clear that the employee wants assistance for his or her disability”); Ballard v. Rubin, 284 F.3d 957, 962 (8th Cir. 2002) (stating that while there are no magic words needed to request a reasonable accommodation, the employee must make clear that he wants assistance for his disability). 7 ¶9 To the extent that the appellant’s medical documentation requested that leave be applied ret…
discussed Cited as authority (rule) White v. EVO Merchant Services LLC
N.D. Tex. · 2022 · confidence medium
P. 8(a)(2)). 6 Wolcott v. Sebelius, 635 F.3d 757, 763 (5th Cir. 2011) (cleaned up). 7 Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017). 8 Id. (quoting 42 U.S.C. § 2000e–5(e)(1)). must file [her Commission] charge within 300 days of the alleged unlawful action.”9 “[T]he limitations period . . . begins to run from the time the complainant knows or reasonably should have known that the challenged act has occurred.”10 III.
discussed Cited as authority (rule) Hightower v. Family Health Care Clinic, Inc.
S.D. Miss. · 2022 · confidence medium
A. Procedural Barriers Title VII and ADA claims must be exhausted through charges filed with the EEOC, as those statutory schemes demand that the agency’s “investigatory and conciliatory procedures” are given a chance to yield “non-judicial resolution[s].” Jennings v. Towers Watson, 11 F.4th 335, 342 (5th Cir. 2021) (quoting Patton v. Jacobs Eng’g Grp., 874 F.3d 437, 443 (5th Cir. 2017)).
discussed Cited as authority (rule) Evans v. East Baton Rouge Parish School System
M.D. La. · 2022 · confidence medium
ADA Discriminatory Discharge Claim Title | of the ADA covers employment discrimination and provides that “[nJo covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”'°° “To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; and (3) that he was subject to an adver…
discussed Cited as authority (rule) Hancock v. Securitas Security Services USA, Inc.
W.D. Tex. · 2022 · confidence medium
Hancock bears the initial burden “to specifically identify the disability and resulting limitations, and to suggest reasonable accommodations.” Patton v. Jacobs Eng’g Group, 874 F.3d 437, 444 (5th Cir. 2017) (internal citation and quotation omitted).
cited Cited as authority (rule) Fulbright v. Union Pacific Railroad Company
N.D. Tex. · 2022 · confidence medium
Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (citing 42 U.S.C. § 2000e-5(e)(1)).
cited Cited as authority (rule) Smith v. Summit Midstream Partners LP
N.D. Tex. · 2021 · confidence medium
Patton v. Jacobs Eng’g Group, Inc., 874 F.3d 437, 443 (5th Cir. 2017).
discussed Cited as authority (rule) Newman v. Kerr County, Texas
W.D. Tex. · 2021 · confidence medium
Clark v. Champion Nat’l Sec., Inc., 952 F.3d 570, 587 (5th Cir. 2020). “[W]here the disability, resulting limitations, and necessary reasonable accommodations are not open, obvious, and apparent to the employer, the initial burden rests primarily upon the employee . . . to specifically identify the disability and resulting limitations, and to suggest the reasonable accommodations.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 444 (5th Cir. 2017) (quoting EEOC v. Chevron Phillips Chem.
discussed Cited as authority (rule) Klotzbach-Piper v. National Railroad Passenger Corporation
D.D.C. · 2021 · signal: cf. · confidence medium
See Def.’s SMF ¶ 98; Pl.’s Interview Notes 6/03/2016 ¶ 9; see also Statement of Disability (medical professional attesting in leave-request form that Klotzbach-Piper was “totally, but temporarily disabled” due to her anxiety); cf. Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 446 (5th Cir. 2017) (finding relevant to the hostile work environment analysis evidence that “harassment contributed to the anxiety that forced [the plaintiff] to miss work, thus interfering with his work performance”).
discussed Cited as authority (rule) Jennings v. Towers Watson
5th Cir. · 2021 · confidence medium
In determining whether a plaintiff has exhausted a particular claim, “the scope of an EEOC complaint should be construed liberally.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017) (quoting Pacheco, 448 F.3d at 788 ).
discussed Cited as authority (rule) Thompson v. Microsoft
5th Cir. · 2021 · confidence medium
But “[c]riticism of an employee’s work 31 Id. at 236 (internal quotation marks and citation omitted). 32 Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 445 (5th Cir. 2017) (internal quotation marks and citation omitted). 33 Id. (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 788 (1998)); see also Gowesky v. Singing River Hosp.
Retrieving the full opinion text from the archive…
Timothy PATTON, Plaintiff-Appellant,
v.
JACOBS ENGINEERING GROUP, INCORPORATED; Talascend, L.L.C., Defendants-Appellees
16-30879.
Court of Appeals for the Fifth Circuit.
Oct 24, 2017.
874 F.3d 437
Kenneth Maurice Willis, Willis Law Firm, Baton Rouge, LA, for Plaintiff-Appellant., Marion F. Walker, Esq., Birmingham, AL, Michelle llene Anderson, New Orleans, LA, Fisher & Phillips, L.L.P., for Defendant-Appellee Jacobs Engineering Group, Incorporated., Eric Ray Miller, Esq., Jeremy James Landry, Esq., Kullman Firm, Baton Rouge, LA, for Defendant-Appellee Talas-cend, L.L.C., Robert Edward McKnight, Jr., Esq., Law Office of Robert E. McKnight, Jr., Victoria, TX, for Amicus Curiae Texas Employment Lawyer’s Association.
King, Jolly, Prado.
Cited by 84 opinions  |  Published  |  Civil Rights
EDWARD C. PRADO, Circuit Judge:

Treating Plaintiff-Appellant Timothy Patton’s petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The petition for rehearing en banc is also DENIED. The prior opinion, Patton v. Jacobs Eng’g Grp., Inc., 863 F.3d 419 (5th Cir. 2017), is withdrawn, and the following opinion is substituted:

Patton brought this American Disabilities Act (“ADA”) case against Jacobs Engineering Group Inc. (“Jacobs”) and Talas-cend, LLC (“Talascend”). The district court granted summary judgment against Patton on his failure to accommodate and hostile work environment claims. For the reasons stated below, we AFFIRM.

I. BACKGROUND

Patton designs electrical and instrumentation systems. He also has an obvious stutter. Talascend is a staffing agency which furnishes contract employees, including engineers and designers, to its clients. Jacobs, an engineering firm, is one of Talascend’s clients. Patton has been an employee of Talascend since October 2012, when he was assigned to work at Jacobs’ facility in Baton Rouge, Louisiana. Around the time he was hired, Patton told Emily Wimbley, a Talascend recruiter, about his stuttering and anxiety problems, which he said “all go[ ] together.”

Patton alleges that his coworkers at Jacobs harassed him on account of his stutter. For example, coworkers would call him names such as lawnmower and bush hog (a type of lawnmower). Additionally, coworkers who passed him in the hallway or met him on the elevator would mock his stuttering, and coworkers who sat near him would mock him and make loud noises right behind him. Even his supervisor, Greg Guillory, allegedly mocked him at a department-wide meeting in front of fifty coworkers. Patton testified that he complained about this harassment to Guillory and Wimbley; in addition, he testified that he called and left a message with Talas-cend’s human resources department, but that this call was never returned.

Patton also made a number of complaints about noise while he worked at Jacobs. According to Patton, the work environment at Jacobs was full of “loud laughter, banging, [and] horseplay.” He complained to Guillory three times about the noise in his work space and asked Guillory “to move [him] to an area that was quiet so that [his] nerves would not affect [his] stuttering.” Patton also discussed the noise problem with Wimbley at Talascend. Talascend offered to reassign Patton to another client and also raised the issue with Guillory. But Patton continued working at Jacobs and by all accounts performed his job well.

According to Patton, the harassment and excessive noise at Jacobs caused him to experience severe anxiety. He emailed Bruce Kistrup, a lead engineer, four times about taking off work due to his stress. As a result of this stress, Patton suffered a panic attack while driving and got into a car accident on February 28, 2014. Patton did not return to work at Jacobs after this accident.

On May 7, 2014, Patton filed a charge of discrimination with the Louisiana Commission on Human Rights (“LCHR”) and the U.S. Equal Employment Opportunity Commission (“EEOC”). [1] He asserted that he was harassed on account of his disability. Specifically, Patton alleged the following facts:

I was subjected to psychological violence. People made habitual efforts to talk repetitively in an unnatural, intensified loud voice while near me. I was subjected to name calling such as “bush hog”, “how pathetic” and “don’t fit in.” Several people would mock my stuttering while looking directly at me. On one occasion Greg Guillory while speaking in a meeting began to stutter while looking directly at me. I have been excluded from work related lunches/dinners, left out of the communication loop and meeting announcements. I complained on several occasions to management from both Jacobs and Talascend but nothing was done. On February 28, 2014 I was involved in an accident and became stressed to the point that I am currently out on a medical leave.

Patton also filed an intake questionnaire on May 7, 2014. In the intake questionnaire, Patton clarified that his disability consisted of stuttering, anxiety, and noise sensitivity. He also stated that he requested changes or assistance because of his disability but that his employer did not make any actual changes in response to his requests. Patton later amended his charge of discrimination on September 30,2014, to add a claim of sex discrimination.

During the EEOC investigation, Talas-cend and Jacobs submitted position statements in which they disputed Patton’s allegations of discrimination. These position statements focused on the harassment allegations, though Jacobs also responded to the allegation that it failed to accommodate Patton’s disability. The EEOC issued a notice of right to sue letter on November 24,2014.

Patton filed suit in Louisiana state court on February 6, 2015. He brought four claims against Jacobs and Talascend: (1) intentional infliction of emotional distress; (2) negligent infliction of emotional distress; (3) hostile work environment in violation of the ADA; and (4) failure to accommodate in violation of the ADA. Shortly after the defendants removed the case to federal court, Patton’s negligent infliction of emotional distress claim was dismissed. Jacobs and Talascend moved for summary judgment in May 2016.

The district court granted summary judgment in favor of both defendants on all claims. First, the district court held that Patton failed to administratively exhaust his failure to accommodate claim. In the alternative, the district court held that Patton failed to put forth sufficient evidence showing that the defendants were aware of his disability. Second, the district court held that Patton failed to introduce sufficient evidence of a hostile work environment. The district court also found that Patton failed to take advantage of the complaint procedures in either defendant’s anti-harassment policy. Finally, the district court held that Patton failed to put forth Sufficient evidence in support of his intentional infliction of emotional distress claim. This appeal followed.

II. DISCUSSION

On appeal, Patton argues that the district court erred in granting summary judgment -against him on his failure to accommodate and hostile work environment claims. Patton does not brief his intentional infliction of emotional distress claim; accordingly, we confíne our review to his ADA claims.

A. Standard of Review

“This Court ‘reviews de novo the district court’s grant of summary judgment, -applying the same standard as the district court.’” Feist v. La., Dep’t of Justice, Office of the Att’y Gen., 730 F.3d 450, 452 (5th Cir. 2013) (quoting Fabela v. Socorro Indep. Sch. Dist., 329 F.3d 409, 414 (5th Cir. 2003)). Summary judgment is appropriate “if the movant shows that there is" no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 66(a). A genuine dispute of material fact exists if the “evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Royal v. CCC & R Tres Arboles, L.L.C., 736 F.3d 396, 400 (5th Cir. 2013) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The Court “must View all facts and evidence in the light most favorable to the non-moving party.” Feist, 730 F.3d at 452 (quoting Juino v. Livingston Par. Fire Dist. No. 5, 717 F.3d 431, 433 (5th Cir. 2013)).

B. Analysis

1. Failure to Accommodate

The ADA forbids covered employers from “discriminat[ing] against a qualified individual on the basis of disability” regarding the “terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). Discrimination includes failure to “mak[e] reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability ..., unless [the employer] can demonstrate that the accommodation would impose .an undue hardship on the operation of [its] business.” Id. § 12112(b)(5)(A). To establish a failure to accommodate claim, the plaintiff must show that: “(1) the plaintiff is a ‘qualified individual with a disability; (2) the disability and its consequential limitations were ‘known’ by the covered employer; and (3) the employer failed to make ‘reasonable accommodations’ for such known limitations.” Feist, 730 F.3d at 452 (quoting 42 U.S.C. § 12112(b)(5)(A)).

Patton asserts that he is disabled on account of childhood onset fluency disorder. He contends that “the noisy office environment heightened his anxiety, caused [him] to suffer panic attacks and worsened his stuttering over time.” But according to Patton, Jacobs and Talascend “did nothing” to address the noise issue. Eventually, Patton’s anxiety caused him to miss work and get into a car accident.

Neither Jacobs nor Talascend contests that Patton is a qualified individual with a disability; thus, we assume without deciding that Patton has proved the first element of his failure to accommodate claim. But Jacobs and Talascend dispute the other two elements—whether they knew of his disability and whether they failed to accommodate it. In addition, Jacobs and Talascend argue that Patton failed to administratively exhaust his failure to accommodate claim, and Talascend argues that Patton’s charge was not timely. We address the exhaustion argument first.

a. Administrative exhaustion

Before a plaintiff may file her ADA claim in federal court, she must exhaust her administrative remedies. See Dao v. Auchan Hypermarket, 96 F.3d 787, 789 (6th Cir. 1996) (per curiam) (noting that the ADA incorporates by reference Title VU’s administrative procedures). Specifically, the plaintiff must file a charge of discrimination with the EEOC within 180 days of “the alleged unlawful employment practice,” or within 300 days if the charge is filed with a state or local agency—here, the LCHR. 42 U.S.C. § 2000e-5(e)(l).

In determining whether a plaintiff has exhausted a particular claim, we have noted that “the scope of an EEOC complaint should be construed liberally.” Pacheco v. Mineta, 448 F.3d 783, 788 (5th Cir. 2006). “On the other hand, a primary purpose of Title VII is to trigger the investigatory and conciliatory procedures of the EEOC, in attempt to achieve non-judicial resolution of employment discriminátion claims.” Id. at 788-89. To balance these considerations, “this court interprets what is properly embraced in review of a Title-VII claim somewhat broadly, not solely by the scope of the administrative charge itself, but by the scope of the EEOC'investigation which ‘can reasonably be expected to grow out of the charge of discrimination.’ ” Id. at 789 (quoting Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir. 1970)). “We engage in fact-intensive analysis of the statement given by the plaintiff in the administrative charge, and look slightly beyond its four corners, to its substance rather than its label.” Id.

The district court held that Patton failed to exhaust his failure to accommodate claim by not including it in the charge. As the district court found, the formal charge does not suggest that either Talascend or Jacobs failed to accommodate Patton’s disability. But Patton did state in the intake questionnaire that he requested changes or assistance because of his disability, and that Jacobs and Talascend “brushed [him] off’ and made “no actual changes.” . ,

Patton argues that the intake questionnaire should be considered a charge under Federal Express Corp. v. Holowecki, 552 U.S. 389, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008). There, the Court recognized that an intake questionnaire may constitute a charge under the Age Discrimination in Employment Act. The Court specified that “a filing is to be deemed, a charge” if it both satisfies the regulatory requirements of a charge and may be “reasonably construed as a request for the agency to take remedial action to protect the employee’s rights or otherwise settle a dispute between the employer and the employee.” Id. at 402, 128 S.Ct. 1147. Patton’s intake questionnaire, however, is not' verified as required by EEOC regulations. 29 C.F.R. § 1601.7. Thus, the questionnaire alone cannot be deemed a charge.

Nevertheless, if the intake questionnaire is considered part of the formal charge Patton did file, the scope of the EEOC investigation growing out of the charge could reasonably be expected to include a failure to accommodate' claim. We find that Patton’s intake questionnaire should be construed as part of the EEOC charge. Patton filed his intake questionnaire together with his formal charge of discrimination on May 7, 2014. The charge form directs complainants to' “attach extra sheet(s)” “[i]f additional paper is needed.” Moreover, the EEOC investigation clearly encompassed Patton’s failure to accommodate claim. In its position statement, Jacobs stated that “Patton never made any request for reasonable accommodation from Jacobs.” The position statement also responds to a question—presumably posed by the EEOC—about Patton’s request for a reasonable accommodation. Thus, Patton did in fact “trigger the investigatory and conciliatory procedures of the EEOC” regarding his failure to accommodate claim. Pacheco, 448 F.3d at 788-89. Construing the scope of Patton’s charge liberally, we hold that his failure to accommodate claim could reasonably be expected to—and in fact did—grow out of his charge of discrimination.

b. Knowledge of disability

In addition to finding Patton’s failure to accommodate claim unexhausted, the district court granted summary judgment on the alternative ground that Patton failed to put forth sufficient evidence showing that either Jacobs or Talascend knew of his disability. “Under the ADA, an actionable disability means, in relevant part, a physical or mental impairment that substantially limits one or more of the major life activities of an individual.” Taylor v. Principal Fin. Grp., 93 F.3d 155, 163 (5th Cir. 1996) (footnote omitted) (citing 42 U.S.C. § 12102). “This court has recognized that ‘where the disability, resulting limitations, and necessary reasonable accommodations, are not open, obvious, and apparent to the employer, the initial burden rests primarily upon the employee ... to specifically identify the disability and resulting limitations, and to suggest the reasonable accommodations.’ ” EEOC v. Chevron Phillips Chem. Co., LP, 570 F.3d 606, 621 (5th Cir. 2009) (omission in original) (quoting Taylor, 93 F.3d at 165). Although the employee need not utter any magic words, she “must explain that the adjustment in working conditions or duties she is seeking is for a medical condition-related reason.” Id.

We agree with the district court that there is insufficient evidence to prove either Jacobs’ or Talascend’s knowledge of Patton’s disability. Of course, Patton’s stutter was obvious. And it is clear that Patton complained about noise on several occasions. But Patton must show that the defendants attributed Patton’s limitation— sensitivity to noise—to a physical or mental impairment; in other words, they must have known that Patton sought a quieter work environment because of a medical condition.

The only evidence supporting Talas-cend’s knowledge of Patton’s disability and resulting limitation is Patton’s testimony that he told Emily Wimbley that his stuttering and anxiety problems “all go[ ] together.” He also told her “that at a previous job [he] was sensitive to [noise].” These statements are too vague to show that Patton identified his sensitivity to noise as a limitation resulting from a disability. [2]

Whether sufficient evidence supports Jacobs’ knowledge' of Patton’s disability and resulting limitation is a closer question. Patton testified that he asked Jacobs “to move [him] to a quiet area so that [his] stuttering—[his] nerves would decrease, [his] nervous system problems would stop causing [his] increase in stuttering.” It is reasonable to infer that based on this request, Jacobs was on notice that noise aggravated Patton’s anxiety, which in turn aggravated his stuttering. But this is not enough; a jury must be able to infer Jacobs’ knowledge of the “limitations experienced by the employee as a result of [his] disability.” Taylor, 93 F.3d at 164 (emphasis added). In the case of a mental disability such as childhood onset fluency disorder, specificity in attributing a work limitation to a disability is particularly important. See id. at 164-65. Patton did not tell Jacobs that his disability caused his noise sensitivity, nor was this causal relationship obvious. Accordingly, as the district court held, Patton “has not created a genuine dispute of fact that he adequately linked office noise to an aggravation of his disability, which in turn gave rise to a workplace limitation for which [Jacobs] should have been aware.” The district court did not err in granting summary judgment against Patton on his failure to accommodate claim.

2. Hostile Work Environment

To establish a hostile work environment claim under the ADA, a plaintiff must show:

(1) that she belongs to a protected group; (2) that she was subjected to unwelcome harassment; (3) that the harassment complained of was based on her disability or disabilities; (4) that the harassment complained of affected a term, condition, or privilege of employment; and (5) that the employer knew or should have known of the harassment and failed to take prompt, remedial action.

Flowers v. S. Reg’l Physician Servs. Inc., 247 F.3d 229, 235-36 (5th Cir. 2001) (quoting McConathy v. Dr. Pepper/Seven Up Corp., 131 F.3d 558, 563 (5th Cir. 1998)). “Harassment affects a ‘term, condition, or privilege of employment’ if it is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’” Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 651 (5th Cir. 2012) (quoting Ramsey v. Henderson, 286 F.3d 264, 268 (5th Cir. 2002)). In determining whether the work environment is hostile, this Court examines the totality of circumstances, including “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Id. (quoting Ramsey, 286 F.3d at 268). But “simple teasing, offhand comments, and isolated incidents (unless extremely serious)” do not suffice to alter the terms and conditions of employment. Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (citation and internal quotation marks omitted).

The district court held that Patton failed to satisfy the fourth and fifth elements of a hostile work environment claim. On appeal, Patton emphasizes that the “vicious cycle of mental and physical abuse” he experienced while at Jacobs created a “hostile and abusive” work environment. [3] Jacobs disputes whether this abuse actually occurred, noting that none of Patton’s coworkers corroborated his account and that Patton did not complain of any harassment while he worked at Jacobs. Jacobs also argues that Patton has only pointed to a few instances of teasing and offhand comments, none of which affected Patton’s work performance and which do not meet the Fifth Circuit’s high bar for a hostile work environment.

Viewing the record in the light most favorable to Patton, a jury could find that the harassment Patton experienced at Jacobs was sufficiently severe or pervasive to alter the terms and conditions of his employment. There is evidence, that the alleged harassment was pervasive; for example, Patton testified that “there were a lot of names by quite a few people over an extended period of time,” and that he was called names like bush hog and lawnmower every week. Patton was not as clear about how often his coworkers mocked his stuttering, but his testimony suggests that he was repeatedly mocked by various individuals—in the hallway, on the elevator, and around his desk. This conduct rises above simple teasing and offhand comments. Cf. EEOC v. WC&M Enters., Inc., 496 F.3d 393, 400-01 (5th Cir. 2007) (holding that “a long-term pattern of ridicule” based on the plaintiffs national origin and religion, including name-calling and mocking, sufficed to establish a hostile work environment claim under Title VII). Patton also testified about a particularly severe incident in which his supervisor, Greg. Guillory, mocked him at a department-wide meeting. Furthermore, it is reasonable to infer that this harassment contributed to the anxiety that forced Patton to miss work, thus interfering with his work performance. Based on these facts, Patton has put forth sufficient evidence in support of the fourth element of a hostile work environment claim.

Nevertheless, because Patton did not challenge on appeal the district court’s determination that he “unreasonably failed to avail himself of the procedures set forth in the anti-harassment policies maintained by both defendants,” see Hockman v. Westward Commc’ns, LLC, 407 F.3d 317, 330 (5th Cir. 2004), he "has forfeited his objection to this determination. Therefore, we affirm the district court’s determination that Patton failed to show that the defendants knew or should have known of -the harassment and failed to take prompt, remedial action. The district court did not err in granting summary judgment against Patton on his hostile work environment claim.

III. CONCLUSION

For the foregoing reasons, the district court’s grant of summary judgment against Patton is AFFIRMED.

1

. Although Patton filed the charge of discrimination with both the LCHR and the EEOC, it appears that only the EEOC investigated the charge.

2

. Because we dispose of Patton’s failure to accommodate claim against Talascend on the merits, we need not address Talascend’s alternative argument that Patton’s EEOC charge was untimely.

3

. Patton also seems to contend that general office noise at Jacobs contributed to the hostile work environment. As the district court noted, however, a noisy office environment does not support Patton’s ADA claim because the noise was not directed at Patton. Thus, the noisy office environment was not “based on” Patton's disability. Flowers, 247 F.3d at 235 (quoting McConathy, 131 F.3d at 563).