To establish a prima facie case of unlawful retaliation under the ADA, a plaintiff must show protected activity, an adverse employment action, and a causal connection between them.
A former school employee appeals a summary judgment affirming her employer’s dismissal of her Americans with Disabilities Act claims. She argues that her removal from coaching basketball was retaliation for filing a grievance and that her post-surgery impairment was not transitory. The court applies the burden-shifting framework for retaliation claims, requiring the plaintiff to show that the employer’s stated reason is pretextual. While the court finds that the one-week temporal proximity between the grievance and the removal establishes a prima facie case, it holds that this proximity alone is insufficient to prove pretext. The court affirms the judgment, ruling that the employee failed to demonstrate that the employer’s legitimate reason was a cover for retaliation.
At page 304 Establishing prima facie case for retaliation under ADA49 citing cases“to establish a prima facie case of unlawful retaliation under the ada, the plaintiff must show that: (1) she engaged in an activity protected by the ada, (2) she suffered an adverse employment action, and (3) there is a causal connection between the protected activity and the adverse action.”
- Shahrashoob v. Texas A&M Univ., No. 4:22-cv-00699 (S.D. Tex. Nov. 28, 2023). See Lyons, 964 F.3d at 306-07 (“Lyons failed to offer anything more to substantiate her claim of retaliation than the facts of her protected action on August 5, 2014, and her removal from coaching basketball one week later.
- Yates v. Spring Indep. Sch. Dist., No. 4:22-cv-02121 (S.D. Tex. Aug. 31, 2023). (To establish a prima facie case of unlawful retaliation under the ADA, the plaintiff must show that: (1) she engaged in an activity protected by the ADA, (2) she suffered an adverse employment action, and (3) there is…)
- Caldwell, No. 2:26-cv-00247 (E.D. La. Sept. 9, 2026).(noting that ADA retaliation claims “employ the same burden-shifting scheme applicable to claims under Title VII.)
- Motley, No. 3:25-cv-00892 (M.D. La. Aug. 6, 2026). Dist., 964 F.3d 298, 304 (5th Cir. 2020).
- Susan McKenna v. Killeen Indep. Sch. Dist., No. 6:23-cv-00703 (W.D. Tex. July 29, 2026).Dist., 964 F.3d 298, 304 (5th Cir. 2020) (citing Nall v. BNSF Ry.
- Brenyah v. Columbia Hosp., No. 25-40200 (5th Cir. July 14, 2026).publishedDist., 964 F.3d 298, 304 (5th Cir. 2020) (ADA).
- Reyna, No. 1:25-cv-02159 (W.D. Tex. July 2, 2026).Dist., 964 F.3d 298, 304 (5th Cir. 2020).
- Brenyah v. Columbia Hosp., No. 25-40200 (5th Cir. June 23, 2026).publishedDist., 964 F.3d 298, 304 (5th Cir. 2020) (ADA).
- Cooper, No. 1:24-cv-00191 (N.D. Miss. May 28, 2026). (finding a six-and-a-half-week timeframe is sufficiently close without other evidence of retaliation)
- Hayes v. GStek, 175 F.4th 603 (5th Cir. 2026).publishedDist., 964 F.3d 298, 304 (5th Cir. 2020) (citing McDonnell Douglas, 411 U.S. 792 , 93 S. Ct. 1817 ).
Show 39 more citing cases
- Awe v. Harris Health, 163 F.4th 969 (5th Cir. 2026).published Dist., 964 F.3d 298, 304 (5th Cir. 2020).
- Cain v. Jackson Pub. Sch. Dist., No. 3:24-cv-00244 (S.D. Miss. Sept. 22, 2025).“To establish a prima facie case of unlawful retaliation under the ADA, [Cain] must show that: (1) she engaged in an activity protected by the ADA, (2) she suffered an adverse employment action, and (3) there is a causal connection between…
- Maldonado v. Harris Cnty., Texas, No. 4:24-cv-01202, 2025 WL 2443389 (S.D. Tex. Aug. 25, 2025).Dist., 964 F.3d 298, 304 (5th Cir. 2020); see January, 608 F. Supp. 3d at 504-05 (setting forth the same test for retaliation under the ADA and the RA).
- Simonton v. Houston Methodist Continuing Care Hosp., No. 4:23-cv-02184 (S.D. Tex. June 9, 2025).Dist., 964 F.3d 298, 304 (5th Cir. 2020)).
- Marrero v. Texas Disposal Sys., Inc., No. 1:23-cv-01318 (W.D. Tex. May 27, 2025). Lyons, 964 F.3d 298, 304 (5th Cir. 2020).
- Gonzalez Perez v. Universal Chain of Texas LLC, No. 3:24-cv-02121 (N.D. Tex. May 7, 2025).Dist., 964 F.3d 298, 304 (5th Cir. 2020).
- Ray v. Columbia Brazoria, No. 24-20227 (5th Cir. Apr. 28, 2025).unpublishedDist., 964 F.3d 298, 304 (5th Cir. 2020).
- Coleman v. Chevron Philips, No. 24-20244 (5th Cir. Mar. 21, 2025).unpublishedDist., 964 F.3d 298, 304 (5th Cir. 2020).
- Alvarado v. The Valcap Grp. LLC, No. 3:21-cv-01830, 2022 WL 19686 (N.D. Tex. Jan. 3, 2022).
- Lara v. Penhall Co., No. 3:24-cv-01016 (N.D. Tex. Jan. 6, 2025).
- Gallo v. Washington Nationals Baseball Club, LLC, No. 2022-1092, 2023 WL 2455678 (D.D.C. Mar. 10, 2023).published
- Eubanks v. Endeavor Engy Resrc, No. 22-50737 (5th Cir. Mar. 23, 2023).unpublished
- Collier v. Bernhard M C C Mech. L L C, No. 2:19-cv-00848 (W.D. La. Mar. 15, 2022).
- Hawkins v. Hollandale Sch. Dist., No. 4:21-cv-00072 (N.D. Miss. Oct. 20, 2022).
- Scharklet v. Case Healthcare Solutions, Inc., No. 1:22-cv-00193 (N.D. Miss. Nov. 29, 2023).
- Reed v. Nissan North Am., Inc., No. 3:20-cv-00049 (S.D. Miss. May 10, 2021).
- Davenport v. Fed. Express, No. 3:20-cv-00743 (S.D. Miss. Dec. 22, 2022).
- Brownfield v. McDonough, No. 1:21-cv-00135 (S.D. Miss. Feb. 28, 2023).
- Brownfield v. McDonough, No. 1:20-cv-00301 (S.D. Miss. Feb. 28, 2023).
- Dandridge v. Principal Mgmt. Grp. of North Texas, No. 3:19-cv-02118 (N.D. Tex. Apr. 29, 2021).
- Milteer v. Navarro Cnty. Texas, No. 3:21-cv-02941, 2022 WL 1321555 (N.D. Tex. May 3, 2022).
- Milteer v. Navarro Cnty. Texas, 652 F. Supp. 3d 754 (N.D. Tex. 2023).published
- King v. DFW Intl Airport Bd., No. 23-11084, 2024 WL 4132676 (5th Cir. Sept. 10, 2024).unpublished
- King v. DFW Int'l Airport Bd., No. 4:22-cv-00929 (N.D. Tex. Oct. 6, 2023).
- Feijoo v. Costco Wholesale Corp., No. 4:21-cv-02444 (S.D. Tex. Jan. 30, 2023).
- Bible v. Direct Energy, No. 4:21-cv-00804 (S.D. Tex. Mar. 17, 2023).
- Short v. Klein Indep. Sch. Dist., No. 4:21-cv-01182 (S.D. Tex. Mar. 31, 2023).
- Comacho v. R+L Carriers Shared Servs., LLC, No. 4:22-cv-01248 (S.D. Tex. Aug. 30, 2023).
- Dickerson v. Dep't of Vets. Affairs, No. 4:21-cv-03805 (S.D. Tex. Sept. 8, 2023).
- Garcia v. Oceans Healthcare, L.L.C., No. 2:22-cv-00219 (S.D. Tex. Sept. 30, 2023).
- Coleman v. Chevron Phiilips Chem. Co. LP, No. 4:23-cv-00350, 2024 WL 460248 (S.D. Tex. Feb. 6, 2024).
- Gardner-Douglas v. Tunsel, No. 4:23-cv-04207 (S.D. Tex. Aug. 27, 2024).
- Mueck v. La Grange Acquisitions, L.P., No. 5:20-cv-00801 (W.D. Tex. Jan. 3, 2022).
- Hancock v. Securitas Sec. Servs. USA, Inc., No. 5:20-cv-00785, 2022 WL 675821 (W.D. Tex. Mar. 4, 2022).
- O'Brien v. Autozoners, LLC, No. 2:23-cv-00793, 2024 WL 4838867 (E.D. La. Nov. 20, 2024).
- Thunderhorse v. Collier, No. 4:22-cv-01511 (S.D. Tex. Nov. 26, 2024).
- Myers v. Amazon FTW1, No. 3:23-cv-01961 (N.D. Tex. Oct. 21, 2024).
- Rosa v. PHI Health, LLC, No. 6:22-cv-00029 (S.D. Tex. Jan. 13, 2025).
- Way v. City of Missouri City, 133 F.4th 509 (5th Cir. 2025).published
At page 305 Establishing causal connection in retaliation claims48 citing cases“a five month lapse is not close enough, without other evidence of retaliation, to establish the 'causal connection' element of a prima facie case of retaliation.”
- Poovannumvila, No. 3:25-cv-02398 (N.D. Tex. Aug. 14, 2026). (We have ruled, for example, that a six-and-a-half-week timeframe is sufficiently close, but that a five month lapse is not close enough, without other evidence of retaliation….)
- Paulin, No. 2:22-cv-04585 (E.D. La. Jan. 27, 2026).(a plaintiff must demonstrate that the employer’s decision ‘was based in part on knowledge of the employee’s protected activity’)
- Dietrich v. United Parcel Serv., No. 24-50316 (5th Cir. Feb. 10, 2025).unpublished(To demonstrate the third element of a prima facie case of retaliation—a causal connection between the protected activity and the adverse action—a plaintiff must demonstrate that the employer’s decision was based in par…)
- Bass, No. 5:25-cv-00244 (N.D. Tex. Sept. 23, 2026).Dist., 964 F.3d 298, 305 (5th Cir. 2020)] (quoting Clark Cnty.
- Chavez, No. 4:26-cv-00046 (N.D. Tex. Sept. 14, 2026). Dist., 964 F.3d 298, 305 (5th Cir. 2020).
- Mendez, No. 1:26-cv-00182 (W.D. Tex. Sept. 8, 2026). (stating that a six-and-a-half-week interval is sufficiently close but a five-month interval is not close enough to establish causation)
- Shirley Johnson v. Humphreys Cnty. Sheriff’s Dep't, et al., No. 4:25-cv-00205 (N.D. Miss. Sept. 2, 2026).(Close timing between an employee’s protected activity and an adverse action against [her] may provide the causal connection” required to make out a claim of retaliation.)
- LaKemper, No. 4:25-cv-02881 (S.D. Tex. Aug. 5, 2026).(explaining that a “six-and-a-half-week timeframe is sufficiently close” but a “five month lapse is not close enough, without other evidence of retaliation)
- Land, No. 3:24-cv-02256 (N.D. Tex. July 17, 2026).Dist., 964 F.3d 298, 305 (5th Cir. 2020).
- Walker, No. 3:25-cv-00339 (W.D. La. July 6, 2026).(holding a five-month gap is insufficient to establish a causal link based on timing alone)
Show 38 more citing cases
- Jones, No. 1:24-cv-00350 (E.D. Tex. June 24, 2026). Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting Dewan v. M-I, L.L.C., 858 F.3d 331, 334 (5th Cir. 2017)); accord Chapoy v. Union Pac.
- Cooper, No. 1:24-cv-00191 (N.D. Miss. May 28, 2026). Dist., 964 F.3d 298, 304-05 (5th Cir. 2020) (finding a six-and-a-half-week timeframe is sufficiently close without other evidence of retaliation) (collecting cases); Decou-Snowton v. Jefferson Parish, 2024 WL 4879466 , at *7 (5th Cir. Nov.…
- Sheets v. Scott & White Hosp., No. 25-50671 (5th Cir. Apr. 16, 2026).unpublishedDist., 964 F.3d 298, 305 (5th Cir. 2020) (quoting Medina v. Ramsey Steel Co., 238 F.3d 674, 684 (5th Cir. 2001)).
- David Wayne Gibson Jr. v. Am. Travel Assocs., ET AL., No. 2:25-cv-00353 (E.D. La. Mar. 25, 2026). Dist., 964 F.3d 298, 306 (5th Cir. 2020) (rejecting retaliation claim premised on action that occurred before protected activity); Zaffuto v. City of Hammond, 308 F.3d 485, 493 (5th Cir.) (recognizing that a plaintiff cannot establish caus…
- Watts, No. 3:25-cv-00179 (S.D. Miss. Mar. 2, 2026).“a five month lapse is not close enough, without other evidence of retaliation, to establish the ‘causal connection’ element of a prima facie case of retaliation”
- Tolbert, No. 4:24-cv-03209 (S.D. Tex. Feb. 25, 2026).(noting that the Fifth Circuit “ha[s] ruled, for example, that a six-and-a-half-week timeframe [between a protected action and an adverse employment action] is sufficiently close” to establish causation.)
- Andre L. Ibrahim v. Brian Johnson, et al., No. 4:25-cv-00369 (E.D. Tex. Feb. 9, 2026).Temporal proximity between an employee’s protected activity and an adverse action can establish a prima facie case of retaliation if it is “very close.” Lyons v. Katy ISD, 964 F.3d 298, 305 (5th Cir. 2020).
- Pompa, No. 7:24-cv-00098 (S.D. Tex. Feb. 5, 2026).(five months)
- Way v. City of Missouri City, 133 F.4th 509 (5th Cir. 2025).published
- Newbury v. City of Windcrest, 991 F.3d 672 (5th Cir. 2021).published
- Frazier-Barnes v. McDonough, No. 22-60383 (5th Cir. May 2, 2023).unpublished
- Martinez v. Univ. of Texas, No. 23-50036 (5th Cir. Oct. 5, 2023).unpublished
- Cole v. Quality Carriers, No. 23-30556, 2024 WL 937053 (5th Cir. Mar. 5, 2024).unpublished
- Huber v. Blue Cross & Blue Shield of Florida, Inc., No. 2:20-cv-03059 (E.D. La. Mar. 17, 2021).
- Fugarino v. Milling Benson Woodward L.L.P., No. 2:21-cv-00594 (E.D. La. Oct. 19, 2022).
- Leggio v. Ochsner Clinic Found., No. 2:22-cv-01232 (E.D. La. Apr. 14, 2023).
- Julien v. St. John the Baptist Par. Sch. Sys., No. 2:21-cv-01081 (E.D. La. Dec. 20, 2023).
- Cole v. Quality Carriers Inc, No. 5:21-cv-03968 (W.D. La. July 11, 2023).
- Staples v. Taylor Int'l Servs. Inc, No. 6:20-cv-00192 (W.D. La. Aug. 4, 2023).
- Townsend v. Toyota Motor Mfg., Mississippi, Inc., No. 1:22-cv-00017 (N.D. Miss. Dec. 4, 2023).
- McMillian v. Aberdeen Sch. Dist., No. 1:22-cv-00117 (N.D. Miss. Jan. 5, 2024).
- Wilson v. Clay Cnty., Mississippi, No. 1:22-cv-00073 (N.D. Miss. Mar. 12, 2024).
- Wallace v. City of Jackson, No. 3:21-cv-00326 (S.D. Miss. May 18, 2023).
- Cutrer v. Tarrant Cnty. Local Workforce Dev. Bd., No. 4:18-cv-00159 (N.D. Tex. Nov. 5, 2020).
- Butler v. Collins, No. 3:18-cv-00037, 2023 WL 318472 (N.D. Tex. Jan. 19, 2023).
- Fletcher v. United States Postal Serv., No. 2:23-cv-01344 (E.D. La. Sept. 30, 2024).
- Ferguson v. DeJoy, No. 1:22-cv-00310 (S.D. Miss. July 31, 2024).
- Briceno-Belmontes v. Coastal Bend Coll., No. 2:20-cv-00114 (S.D. Tex. Mar. 29, 2022).
- Brown v. Valvoline, LLC, No. 4:22-cv-04059 (S.D. Tex. June 11, 2024).
- Chhim v. City Of Houston, No. 4:23-cv-04850 (S.D. Tex. Oct. 8, 2024).
- Olan v. Uvalde Consol. ISD, No. 5:20-cv-00487 (W.D. Tex. Sept. 13, 2021).
- Mullenix v. Univ. of Texas At Austin, No. 1:19-cv-01203 (W.D. Tex. Nov. 19, 2021).
- Terry v. Fed. Bureau of Prisons, No. 1:21-cv-00701 (W.D. Tex. Jan. 23, 2023).
- James Melvin v. Hobby Lobby Stores, Inc, No. 5:22-cv-01323 (W.D. Tex. June 20, 2024).
- Glapion v. Saks Fifth Avenue, LLC, No. 2:24-cv-02232 (E.D. La. Feb. 14, 2025).
- McMahan v. C-Innovation LLC, No. 4:23-cv-02565 (S.D. Tex. Feb. 25, 2025).
- Thornton v. Univ of TX SW Med., No. 24-10594, 2025 WL 619166 (5th Cir. Feb. 26, 2025).unpublished
- Alford v. Wonderland Montessori Academy LLC, No. 3:23-cv-00464 (N.D. Tex. Sept. 30, 2024).
At page 302 Shifting burden of proof after summary judgment motion46 citing casesstating that once movants meet their summary judgment burden, “the burden shifts to the nonmovant to establish an issue of fact that warrants trial
- W.L., No. 4:25-cv-00003 (E.D. Tex. Sept. 24, 2026).Dist., 964 F.3d 298, 302 (5th Cir. 2020) (citation omitted).
- Toka, No. 4:24-cv-01135 (E.D. Tex. Sept. 22, 2026).Dist., 964 F.3d 298, 302 (5th Cir. 2020) (citation omitted).
- Duhon, No. 1:25-cv-00390 (E.D. Tex. Sept. 11, 2026).Dist., 964 F.3d 298, 302 (5th Cir. 2020).
- Doe, No. 4:23-cv-00768 (E.D. Tex. Sept. 8, 2026).Dist., 964 F.3d 298, 302 (5th Cir. 2020) (citation omitted).
- Garcia, No. 1:25-cv-00156 (E.D. Tex. Aug. 4, 2026).Dist., 964 F.3d 298, 302 (5th Cir. 2020).
- Jones, No. 1:24-cv-00350 (E.D. Tex. June 24, 2026). Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting Dewan v. M-I, L.L.C., 858 F.3d 331, 334 (5th Cir. 2017)); accord Chapoy v. Union Pac.
- Assoc Prof Educators LA v. EDU20/20, No. 24-30640 (5th Cir. Feb. 16, 2026).unpublished Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting Dewan v. M-I, L.L.C., 858 F.3d 331, 334 (5th Cir. 2017)).
- Livingston-Willis, No. 6:25-cv-00954 (W.D. La. Nov. 13, 2025). Dist., 964 F.3d 298, 302 (5th Cir. 2020).
- Tezeno, No. 1:25-cv-00066 (E.D. Tex. Oct. 14, 2025). Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting Dewan v. M-I, L.L.C., 858 F.3d 331, 334 (5th Cir. 2017)); accord Chapoy v. Union Pac.
- McGlinchey v. CIOX Health, LLC., No. 3:24-cv-00403 (S.D. Miss. May 20, 2025).Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting 42 U.S.C. § 12112 (a)).
Show 36 more citing cases
- Douglas v. Onin Staffing, LLC, No. 3:24-cv-00157 (S.D. Miss. Mar. 31, 2025).Dist., 964 F.3d 298, 302 (5th Cir. 2020).
- Montcrief v. Peripheral Vascular, 133 F.4th 395 (5th Cir. 2025).published(stating that once movants meet their summary judgment burden, “the burden shifts to the nonmovant to establish an issue of fact that warrants trial)
- Thomas v. City of Port Arthur, Texas, No. 1:23-cv-00282 (E.D. Tex. Mar. 25, 2025).Tolan v. Cotton, 572 U.S. 650, 651 (2014) (quoting Anderson, 477 U.S. 9 at 255); Seigler, 30 F.4th at 476; Batyukova, 994 F.3d at 724; Lyons, 964 F.3d at 302.
- Katie Joseph v. John Doe, 981 F.3d 319 (5th Cir. 2020).published
- Bolin v. Lowe's Home Centers, LLC, No. 2:19-cv-11176 (E.D. La. Apr. 30, 2021).
- Collins v. Benton, No. 2:18-cv-07465 (E.D. La. May 14, 2021).
- Robert v. Maurice, No. 2:18-cv-11632 (E.D. La. May 14, 2021).
- Collins v. Benton, No. 2:18-cv-07465 (E.D. La. May 17, 2021).
- Newell-Davis v. Phillips, 592 F. Supp. 3d 532 (E.D. La. 2022).published
- In the Matter of: Jack'd Up Charters LLC, 690 F. Supp. 3d 560 (E.D. La. 2023).published
- Ellis v. Clarksdale Pub. Utils., No. 4:20-cv-00032 (N.D. Miss. Apr. 16, 2021).
- Mid Valley Pipeline Co., LLC v. Rodgers, No. 4:22-cv-00025 (N.D. Miss. Sept. 29, 2023).
- Su v. Jesse's Cleaning Serv., LLC, No. 4:21-cv-00123 (N.D. Miss. Mar. 4, 2024).
- Holly v. Vicksburg Warren Sch. Dist., 705 F. Supp. 3d 677 (S.D. Miss. 2023).published
- Meade v. Ingram Micro Inc., No. 4:19-cv-00304 (E.D. Tex. Dec. 14, 2020).
- Whisenhunt v. Westrock Texas LP, 628 F. Supp. 3d 693 (E.D. Tex. 2022).published
- Davenport v. Bonini, No. 1:22-cv-00469 (E.D. Tex. Jan. 4, 2024).
- Durisseau v. Union Tank Car Co., No. 1:22-cv-00432 (E.D. Tex. Mar. 25, 2024).
- Washington v. Frito Lay Inc, No. 1:22-cv-00600 (E.D. Tex. June 24, 2024).
- Alvarado v. The Valcap Grp. LLC, No. 3:21-cv-01830, 2022 WL 19686 (N.D. Tex. Jan. 3, 2022).
- Boutte v. Beaumont Indep. Sch. Dist., No. 1:23-cv-00392 (E.D. Tex. Aug. 19, 2024).
- Blackburn v. Right Way Auto Transp., Inc., No. 1:23-cv-00250 (E.D. Tex. Aug. 19, 2024).
- In Re: Graham Offshore Tugs LLC, 749 F. Supp. 3d 758 (E.D. Tex. 2024).published
- Murphy v. Beaumont Indep. Sch. Dist., No. 1:22-cv-00135 (E.D. Tex. Sept. 25, 2024).
- McGuire v. Chackel, No. 1:21-cv-00210 (W.D. Tex. June 17, 2022).
- Luna v. City of Round Rock, No. 1:21-cv-00170 (W.D. Tex. Sept. 26, 2022).
- Lee v. McGuire, No. 1:20-cv-00058 (N.D. Tex. Aug. 6, 2024).
- Maxwell v. Almanza, No. 1:18-cv-00179 (N.D. Tex. Aug. 6, 2024).
- Harris v. Amerigas Propane, L.P., No. 1:23-cv-00420 (E.D. Tex. Jan. 15, 2025).
- Lara v. Penhall Co., No. 3:24-cv-01016 (N.D. Tex. Jan. 6, 2025).
- Allstate Veh. & Prop. Ins. Co. v. Peck, No. 1:22-cv-00372 (E.D. Tex. Feb. 7, 2025).
- Taylor v. Brook Valley Mgmt. Inc, No. 3:24-cv-01798 (N.D. Tex. Jan. 14, 2025).
- Shaw v. Gillen, No. 1:22-cv-00283 (E.D. Tex. Mar. 13, 2025).
- Nguyen v. Costco Wholesale Corp., No. 4:23-cv-00054 (E.D. Tex. Mar. 17, 2025).
- Old Repub. Nat'l Title Ins. Co. v. Griffin, No. 4:22-cv-00677 (E.D. Tex. Mar. 18, 2025).
- Keeter v. Lumpkin, Dir. TDCJ-CID, No. 1:20-cv-00066 (N.D. Tex. Feb. 28, 2025).
At page 306 Applying burden-shifting framework to retaliation claims14 citing casesThe one-week temporal proximity between filing the level one grievance and [the adverse employment action] is sufficient evidence of causality.
- Walker, No. 2:26-cv-00726 (E.D. La. Sept. 8, 2026).(The one-week temporal proximity between filing the level one grievance and [the adverse employment action] is sufficient evidence of causality.)
- Shahrashoob v. Texas A&M Univ., No. 4:22-cv-00699 (S.D. Tex. Nov. 28, 2023). (Lyons failed to offer anything more to substantiate her claim of retaliation than the facts of her protected action on August 5, 2014, and her removal from coaching basketball one week later. This ‘very close’ temporal…)
- Mendez, No. 1:26-cv-00182 (W.D. Tex. Sept. 8, 2026). Dist., 964 F.3d 298, 305 (5th Cir. 2020) (stating that a six-and-a-half-week interval is sufficiently close but a five-month interval is not close enough to establish causation).2 The County argues that Mendez cannot show close temporal pr…
- Motley, No. 3:25-cv-00892 (M.D. La. Aug. 6, 2026). Dist., 964 F.3d 298, 304 (5th Cir. 2020).
- Jones, No. 1:24-cv-00350 (E.D. Tex. June 24, 2026). Dist., 964 F.3d 298, 302 (5th Cir. 2020) (quoting Dewan v. M-I, L.L.C., 858 F.3d 331, 334 (5th Cir. 2017)); accord Chapoy v. Union Pac.
- David Wayne Gibson Jr. v. Am. Travel Assocs., ET AL., No. 2:25-cv-00353 (E.D. La. Mar. 25, 2026). (rejecting retaliation claim premised on action that occurred before protected activity)
- Brassette, No. 2:24-cv-02311 (E.D. La. Dec. 1, 2025).Doc. 35 at p. 16. 89 Lyons v. Katy Independent School District., 964 F.3d 298, 306-7 (5th Cir. 2020). 90 532 U.S. 268, 273 (2001). 91 Saketkoo v. Administrators of Tulane Educational Fund, 31 F.4th 990, 1001 (5th Cir. 2022). 92 Saketoo, 31…
- Caruso v. Hill Country Mental Health & Developmental Disabilities Ctr., No. 5:23-cv-01422 (W.D. Tex. Sept. 12, 2025). Dist., 964 F.3d 298, 306 (5th Cir. 2020).
- Dandridge v. Principal Mgmt. Grp. of North Texas, No. 3:19-cv-02118 (N.D. Tex. Apr. 29, 2021).
- King v. DFW Int'l Airport Bd., No. 4:22-cv-00929 (N.D. Tex. Oct. 6, 2023).
Show 4 more citing cases
- Perry v. Dep't of Vets. Affairs, 118 M.S.P.R. 68 (E.D. La. 2020).
- Jolivet v. Compass Grp. USA Inc, No. 3:19-cv-02096 (N.D. Tex. Sept. 28, 2021).
- Pierce v. Leidos Inc., No. 4:20-cv-03339 (S.D. Tex. Feb. 21, 2022).
- Hamilton v. DeJoy, No. 24-50597, 2025 WL 25693 (5th Cir. Jan. 3, 2025).unpublished
At page 303 Determining minor impairment for disability discrimination claims5 citing casesdeciding any perceived impairment was minor because employee’s surgery only required employee to work with restrictions for six to eight weeks
- Yates v. Spring Indep. Sch. Dist., No. 4:22-cv-02121 (S.D. Tex. Aug. 31, 2023). Paske v. Fitzgerald, 785 F.3d 977, 985 (Sth Cir. 2015) (to establish a prima facie case of Title VII discrimination a plaintiff must show “(1) he is a member of a protected class, (2) he was qualified for the position at issue, (3) he was…
- Livingston-Willis, No. 6:25-cv-00954 (W.D. La. Nov. 13, 2025). Dist., 964 F.3d 298, 302 (5th Cir. 2020).
- Lara v. Penhall Co., No. 3:24-cv-01016 (N.D. Tex. Jan. 6, 2025).
- Bledsaw v. McGeorge Contracting Co Inc, No. 4:23-cv-00358 (E.D. Ark. Apr. 1, 2024).
- Nosse v. Potter, No. 1:22-cv-01762 (N.D. Ohio Feb. 23, 2023).
q2 “if the employer meets its burden of production, the employee must then demonstrate that the proffered reason is a pretext for retaliation.”3 citing cases
- Maldonado v. Harris Cnty., Texas, No. 4:24-cv-01202, 2025 WL 2443389 (S.D. Tex. Aug. 25, 2025).Dist., 964 F.3d 298, 304 (5th Cir. 2020); see January, 608 F. Supp. 3d at 504-05 (setting forth the same test for retaliation under the ADA and the RA).
- Rosa v. PHI Health, LLC, No. 6:22-cv-00029 (S.D. Tex. Jan. 13, 2025).
- Foster v. United Airlines, Inc., No. 4:20-cv-03978 (S.D. Tex. June 22, 2022).
At page 301 Employer burden to prove transitory and minor impairment defense3 citing cases
- Pimpanit v. Phumswarng, No. 21-20289 (5th Cir. Mar. 23, 2022).unpublished
- Johnson v. Ford Motor Co., No. 5:21-cv-00023 (N.D. Tex. May 10, 2022).
- Holliday v. City of San Antonio, No. 5:22-cv-00366 (W.D. Tex. Mar. 14, 2024).
v.
Katy Independent School Dist
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 19-20293
Fifth Circuit
FILED
June 29, 2020
TANYA LYONS, Lyle W. Cayce Clerk Plaintiff - Appellant
v.
KATY INDEPENDENT SCHOOL DISTRICT,
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Texas
Before WIENER, ENGELHARDT, and OLDHAM, Circuit Judges.
WIENER, Circuit Judge:
Plaintiff-Appellant Tanya Lyons challenges the summary judgment awarded in favor of her previous employer, Defendant-Appellee Katy Independent School District (“Katy ISD” or “the school district”), on her claims under the Americans With Disabilities Act (“ADA”) for discrimination and retaliation. Lyons contends that the district court erred in granting summary judgment to Katy ISD on the grounds that she could not establish a prima facie case of either disability-based discrimination or retaliation. For the reasons explained below, we AFFIRM the district court’s grant of summary judgment to the school district. [1] I. FACTS AND PROCEEDINGS Lyons was employed by Katy ISD at Mayde Creek Junior High School from 2007 to 2018. From 2007 to 2013, she coached girls volleyball, track, and basketball. In the 2013-2014 school year, she only coached girls volleyball and track. In April 2014, Lyons scheduled a meeting with the school principal, Dr. David Paz, to discuss his announced policy for the following school year that all physical education teachers would be required to coach three sports. During that meeting, she expressed her preference to coach two sports, particularly not to coach basketball, which was the “middle” sport of the year and stretched over the winter break. However, at no point in the meeting did she state that she was unwilling to coach three sports or that she did not want to coach basketball.
During the summer of 2014, Lyons underwent lap band surgery. She scheduled the surgery during the summer so that she would not have to miss work. After undergoing the surgery, sometime around June 25, 2014, Lyons left Paz a voicemail informing him that she could not attend the summer sports camps because of the surgery and resulting restrictions imposed by her doctor.
On July 15, 2014, the in-school suspension (“ISS”) teacher at Mayde Creek Junior High unexpectedly resigned. On July 21, 2014, Paz left Lyons a voicemail informing her of his decision to reassign her from teaching physical education to serving as the ISS teacher. Paz also informed Lyons in the voicemail that, as a result of the change, she would not be required to coach basketball. [2]
Lyons responded to Paz in an email on July 28, 2014, expressing her displeasure at the reassignment and her concerns that she was being reassigned “because of health concerns and a procedure [she] had” during the summer. Paz responded to Lyons that same day, clarifying that, even though the reassignment might help with her recovery, he did not decide to reassign her to the ISS position as a result of her procedure. [3] On July 30, 2014, Lyons received an email from the assistant athletic coordinator, Lauran DeForke, listing Lyons as a coach for girls basketball and track for the 2014-2015 school year. Lyons sent DeForke a text message that day stating, “Dr. Paz said I was out of Basketball, but you can take me out of Volleyball too, that’s fine with me.” Lyons claims this text message was sarcastic. On August 12, 2014, Lyons received an email from DeForke listing her as coaching only track. The following year, DeForke switched Lyons from coaching track to coaching tennis.
On August 5, 2014, Lyons filed a level one grievance with the school district, complaining that her reassignment to the ISS position constituted[*~300–302] disability-based discrimination based on her “procedure.” She filed an EEOC charge of discrimination and retaliation on November 3, 2014. After exhausting her administrative remedies, Lyons filed suit against the school district in May 2017, asserting claims of disability-based discrimination, retaliation, and harassment. The district court granted summary judgment to Katy ISD on all of Lyons’s claims, and she timely filed the instant appeal. [4] On appeal, Lyons challenges the district court’s grant of summary judgment to Katy ISD on her claims under the ADA of (1) disability-based discrimination and (2) unlawful retaliation.
II. STANDARD OF REVIEW
We review a summary judgment de novo, applying the same standards used by the district court. [5] Summary judgment is proper when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” 6 “Where the nonmovant bears the burden of proof at trial, the movant may merely point to an absence of evidence, thus shifting to the non-movant the burden of demonstrating by competent summary judgment proof that there is an issue of material fact warranting trial. Only when there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party is a full trial on the merits warranted.” 7 But where the movant bears the burden of proof at trial, the movant “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in his favor. Once the movant does so, the burden shifts to the[*~301–303] nonmovant to establish an issue of fact that warrants trial.” 8 “All reasonable inferences must be viewed in the light most favorable to the party opposing summary judgment, and any doubt must be resolved in favor of the non-moving party.” 9 II. ANALYSIS A. “REGARDED AS” DISABLED DISCRIMINATION CLAIM Under § 12112(a) of the ADA, an employer is generally prohibited from “discriminat[ing] 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.” 10 The ADA provides protections for individuals who have a disability, had a disability, or are regarded as having a disability.[11] The ADA also mandates that “regarded as” status “shall not apply to impairments that are transitory and minor.” 12 The ADA defines a “transitory impairment” as one “with an actual or expected duration of 6 months or less.” 13 On appeal, Lyons abandons any claim that she was actually disabled and instead maintains only that she was “regarded as” disabled. Before the district court, Lyons clarified that her actual or perceived disability was related to her “procedure” of lap band surgery and that her claimed disability was not related to high blood pressure or obesity sometimes associated with that procedure.
The district court granted summary judgment to Katy ISD on Lyons’s claim of “regarded as” disability-based discrimination on the ground that Lyons “fail[ed] to satisfy the first element of a prima facie showing of disability-based discrimination under the ADA as a matter of law.” The district court concluded that, because Lyons’s impairment lasted less than two months, she could not establish the first element of her prima facie case of disability-based discrimination.
Our Court has not yet decided whether a plaintiff in a “regarded as” disabled-discrimination case must establish, as part of the prima facie case, that any perceived impairment was not transitory nor minor or whether the transitory and minor nature of the perceived impairment is an affirmative defense that the employer must prove. Other circuit courts are divided on this issue. [14] We need not wade into that discussion in this case because, either way, there are no facts in dispute regarding the transitory and minor nature of Lyons’s perceived impairment.
Any impairment as a result of Lyons’s lap band surgery was objectively transitory and minor by her own admission, because the actual or expected[*~302–304] duration of any impairment related to the lap band procedure was less than six months. [15] Lyons declared that she scheduled the surgery during the summer so that she would not have to miss work. In a text message to the athletic coordinator and assistant athletic coordinator, Lyons stated that she was “out of work for 2 weeks and with restrictions for 6-8 weeks.” She did not point to evidence before the district court or in the record on appeal that the actual or expected duration of any impairment related to the lap band procedure was more than six months.
Regardless of whether the “transitory and minor” nature of the impairment was part of Lyons’s prima facie case or an affirmative defense to her claim of “regarded as” disability discrimination, Katy ISD is entitled to judgment of a matter of law on Lyons’s “regarded as” disability-based discrimination claim. There are no facts in dispute regarding the transitory and minor nature of the perceived impairment. We therefore affirm the district court’s grant of summary judgment to the school district on Lyons’s claim that she suffered discrimination on account of being “regarded as” disabled. B. RETALIATION CLAIM The ADA prohibits an employer from “discriminat[ing] against any individual because such individual has opposed any act or practice made unlawful by [the ADA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or[*~303–305] hearing under [the ADA].” 16 When a plaintiff presents indirect evidence of unlawful retaliation under the ADA, we apply the burden-shifting scheme established in McDonnell Douglas Corp. v. Green. [17] To establish a prima facie case of unlawful retaliation under the ADA, the plaintiff must show that: (1) she engaged in an activity protected by the ADA, (2) she suffered an adverse employment action, and (3) there is a causal connection between the protected activity and the adverse action. [18] If the employee establishes a prima facie case of retaliation, the employer must come forward with a legitimate, nondiscriminatory reason for its action. [19] If the employer meets its burden of production, the employee must then demonstrate that the proffered reason is a pretext for retaliation. [20] “Ultimately, the employee must show that ‘but for’ the protected activity, the adverse employment action would not have occurred.” 21 The district court granted summary judgment to Katy ISD on Lyons’s claim of unlawful retaliation under the ADA on its determination that Lyons “fail[ed] to present sufficient evidence to establish a ‘causal connection’ between her alleged protected activity and [the school district’s] alleged adverse employment action.” The district court reached this conclusion because the only evidence Lyons presented regarding the causal connection was the temporal proximity of her protected activities and the adverse employment actions. Because the district court concluded that Lyons failed to establish the
third element of her prima facie case of retaliation, that court did not analyze whether Lyons established either of the first two elements of her prima facie case and did not engage in the burden-shifting analysis.
We conclude that the district court erred in its determination that Lyons failed to establish a prima facie case of retaliation because she failed to present sufficient evidence of a causal connection. We nevertheless affirm the district court’s grant of summary judgment to Katy ISD on Lyons’s retaliation claim. After conducting the burden-shifting analysis, we conclude that Lyons has failed to meet her summary judgment burden of pointing to evidence demonstrating that the legitimate, non-discriminatory reasons proffered by the school district for its actions were pretextual.
Lyons asserts that she engaged in protected activity on August 5, 2014 when she filed a level one grievance regarding her change in teaching position. She also contends that she engaged in protected activity on November 3, 2014 by filing an EEOC Charge. These activities are protected under the ADA, which provides protection for individuals who oppose any practice of discrimination or make a charge of discrimination. [22] Lyons has established the first element of her prima facie case. She identifies two or three 23 adverse employment actions which she suffered in retaliation for her engagement in protected activity: (1) being removed from coaching volleyball in July 2014, (2) being removed from coaching basketball on August 12, 2014, and (3) being switched from coaching track to coaching tennis in August 2015. The district court did not determine whether these actions constituted adverse employment[*~304–306] actions. Assuming, without concluding, that they did, Katy ISD is nonetheless entitled to summary judgment.
To demonstrate the third element of a prima facie case of retaliation—a causal connection between the protected activity and the adverse action—a plaintiff must demonstrate that the employer’s decision “was based in part on knowledge of the employee’s protected activity.” 24 “Close timing between an employee’s protected activity and an adverse action against him may provide the ‘causal connection’ required to make out a prima facie case of retaliation.” 25 The Supreme Court has observed that “[t]he cases that accept mere temporal proximity between an employer’s knowledge of protected activity and an adverse employment action as sufficient evidence of causality to establish a prima facie case [of retaliation] uniformly hold that the temporal proximity must be ‘very close.’” 26 We have ruled, for example, that a six-and-a-half-week timeframe is sufficiently close, 27 but that a five month lapse is not close enough, without other evidence of retaliation, to establish the “causal connection” element of a prima facie case of retaliation. [28][*~305–307] Lyons claims that she received an email on July 30, 2014 stating that she would be coaching basketball and track for the 2014-2015 school year. On August 5, 2014, she filed a level one grievance with the school district regarding her transfer to the ISS position. She claims that she received an email on August 12, 2014, one week after she filed her level one grievance, stating that she would only be coaching track and thereby removing her from coaching basketball. [29] The one-week temporal proximity between filing the level one grievance and being removed from coaching basketball is sufficient evidence of causality to establish a prima facie case of retaliation arising out of those actions. The district court erred in concluding otherwise.
However, more than nine months elapsed between the time Lyons filed her EEOC charge in November of 2014 and was switched from coaching track to coaching tennis in August 2015. This period of time, alone, is insufficient evidence of causality to establish a prima facie case of retaliation. Because Lyons fails to provide more than the nine-month temporal proximity, she fails to establish a prima facie case of retaliation arising out of being switched from coaching track to coaching tennis. Further, Lyons complains of being removed from coaching volleyball. This action took place in July 2014, before she engaged in protected activity, and cannot serve as the basis for a retaliation claim.
Once Lyons established her prima facie case of retaliation arising out of her filing the level one grievance and her removal from coaching basketball, the burden shifted to Katy ISD to put forth a legitimate, non-discriminatory reason for its actions. [30] “This burden is satisfied by introducing evidence which, if true, would permit the trier-of-fact to conclude that the termination was nondiscriminatory.” 31 Katy ISD proffered that Lyons was removed from coaching basketball because it was the school district’s understanding that she did not like coaching basketball and did not want to do so. [32] In fact, Lyons stated in her deposition that DeForke “thought that I didn’t like basketball and didn’t want to coach basketball.” As we noted earlier, the school principal stated that it was his understanding from what Lyons had told him that “she really preferred coaching 2 sports, and in particular not having to coach basketball, which is the ‘middle’ sport of the year and stretches over the winter break.
The burden then shifted back to Lyons to demonstrate that the school district’s stated reason is a pretext for retaliation. [33] Lyons had to offer some evidence from which a jury could infer that retaliation was the real motive for removing her from coaching basketball. Lyons failed to offer anything more to substantiate her claim of retaliation than the facts of her protected action on August 5, 2014 and her removal from coaching basketball one week later. This “very close” temporal proximity is sufficient to establish the “causal connection” element of her prima facie case, but it is insufficient to demonstrate pretext. [34] Lyons fails to meet her burden on summary judgment[*~306–307] to demonstrate that there is a dispute of fact whether the school district’s stated reasons for its actions were pretextual.
Although the district court erred in its reasoning, it was correct in its conclusion that Katy ISD is entitled to summary judgment on Lyons’s claim of unlawful retaliation under the ADA. We affirm the district court’s grant of summary judgment to Katy ISD on Lyons’s retaliation claim because she has failed to demonstrate that there is a dispute of fact as to whether the school district’s stated reasons for removing her from coaching basketball were pretextual.
IV. CONCLUSION
The judgment of the district court is AFFIRMED.