At page 339 Establishing prima facie case for racial discrimination51 citing casesErnst failed to exhaust [EEOC] administrative remedies. The district court properly dismissed the sex-discrimination and retaliation claims.
- Overshown-Nunez v. City of Houston, No. 4:24-cv-02455 (S.D. Tex. Feb. 27, 2025).(Ernst failed to exhaust [EEOC] administrative remedies. The district court properly dismissed the sex-discrimination and retaliation claims.)
- Doohan v. ExxonMobile, No. 4:21-cv-01467 (S.D. Tex. May 10, 2023).(An employee has not been replaced when his former duties are distributed among other co-workers.)
- Martinez, No. 5:25-cv-01297 (W.D. Tex. Sept. 3, 2026).System, 1 F.4th 333, 339 (5th Cir. 2021) (citation modified); see also Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 470 (5th Cir. 2016). 6.
- Clay, No. 2:26-cv-00349 (E.D. La. Aug. 27, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Kelley, No. 3:25-cv-00346 (N.D. Miss. July 27, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Hertz, No. 1:25-cv-01739 (W.D. Tex. June 16, 2026).System, 1 F.4th 333, 339 (5th Cir. 2021) (citation modified); see also Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 470 (5th Cir. 2016).
- Fox, No. 4:24-cv-04097 (S.D. Tex. June 9, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Gordon, No. 4:24-cv-04125 (S.D. Tex. June 8, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Oshaunda McKinney v. Mississippi Sch. for Mathematics & Sci., No. 3:24-cv-00489 (S.D. Miss. Apr. 13, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021); see also Barr v. Stripes L.L.C., No. 21- 20278, 2022 WL 1044695 , at *6 (5th Cir. Apr. 7, 2022) (“We do not reach Barr’s challenges to the district court’s determination on the merits because failure…
- Necaise, No. 1:24-cv-00115 (S.D. Miss. Mar. 31, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021) (quoting Stroy v. Gibson ex rel.
Show 41 more citing cases
- Velasco, No. 7:23-cv-00323 (S.D. Tex. Jan. 27, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021); Saketkoo, 31 F.4th at 997-98; Awe v. Harris Health Sys., No. 25-20144, 2026 WL 83762 , at *2 (5th Cir. Jan. 12, 2026) (stating that the fourth element in an age discrimination claim requires a plaint…
- Green, No. 3:24-cv-00233 (N.D. Miss. Dec. 10, 2025).Sys., 1 F. 4th 333, 339 (5th Cir. 2021) (citing Griffin v. Kennard Indep.
- Sutton, No. 2:24-cv-02523 (E.D. La. Nov. 6, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Barinaga v. ExxonMobil Chem. Co., No. 4:22-cv-03462 (S.D. Tex. Sept. 30, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021) (quoting Stroy v. Gibson ex rel.
- Holmes v. Univ. of Texas At Austin, No. 1:24-cv-01135 (W.D. Tex. Sept. 2, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021).
- Glover v. Lafayette City-Par. Con Govt, No. 24-30546 (5th Cir. Aug. 14, 2025).unpublishedSys., 1 F.4th 333, 339 (5th Cir. 2021), or “otherwise that his 4 discharge was because of his [race],” 1 Hornsby v. Conoco, Inc., 777 F.2d 243, 246 (5th Cir. 1985).
- Jackson v. Univ. of Texas Sw. Med. Ctr. Sch. of Med., No. 3:24-cv-00495 (N.D. Tex. July 28, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021) (cleaned up). 11 Fahim, 551 F.3d at 350 . 12 Doc. 20 at 5. 13 United States v. del Carpio Frescas, 932 F.3d 324, 331 (5th Cir. 2019) (per curiam) (cleaned up). qualified for the program, her prima fac…
- Jones v. Hutson, No. 2:23-cv-05112 (E.D. La. July 8, 2025). Sys., 1 F.4th 333, 339 (5th Cir. 2021) (quoting Griffin v. Kennard Indep.
- Whittington v. Harris Cnty., TX, No. 24-20172 (5th Cir. July 7, 2025).unpublishedSys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Patel v. United Airlines, No. 4:24-cv-05080 (S.D. Tex. July 7, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021).
- Moore v. A T & T, No. 5:23-cv-01417 (W.D. La. May 20, 2025).Defendant contends that Plaintiff has failed to identify any non-African-American or female coworkers who were treated more favorably under substantially similar circumstances.37 Defendant asserts that none of the other seven employees in…
- Kerr v. Smokeball Inc., No. 1:24-cv-00722 (W.D. Tex. May 13, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021). 1 An employee may amend her original charge and the charge may relate back to the date it was first received when “the employee already included sufficient facts in his original complaint to put the…
- Vasquez v. Nelson, No. 4:23-cv-03620 (S.D. Tex. May 12, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021) (quoting Stroy v. Gibson ex rel.
- Williams v. City of Indianola, No. 4:23-cv-00167 (N.D. Miss. Mar. 13, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Faulk v. Owens Corning Roofing & Asphalt LLC, No. 3:23-cv-00230 (N.D. Tex. Feb. 18, 2025).Sys., 1 F.4th 333, 339 (5th Cir. 2021) (cleaned up). driver.
- Bohemond v. City of Dallas Texas, No. 3:23-cv-01973 (N.D. Tex. Jan. 10, 2025). Ernst, 1 F.4th at 338-39; Patton v. Jacobs Eng'g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017).
- Shahrashoob v. Texas A&M Univ., 125 F.4th 641 (5th Cir. 2025).publishedSys., 1 F.4th 333, 339 (5th Cir. 2021) 7 (quoting Stroy v. Gibson ex rel.
- Torres v. Gulf Coast Jacks, Inc., No. 4:21-cv-00019 (S.D. Tex. Oct. 13, 2022).
- Rossman v. Applied Materials, Inc., No. 1:24-cv-00203 (W.D. Tex. Oct. 8, 2024).
- Lewis v. Greenwood Motor Lines, No. 22-10758 (5th Cir. Apr. 6, 2023).unpublished
- Herring v. Buc-ee's, No. 23-20070 (5th Cir. Aug. 7, 2023).unpublished
- Fuhr v. City of Sherman, No. 23-40116 (5th Cir. Oct. 5, 2023).unpublished
- Flettrich v. Chevron Oronite Co., No. 2:21-cv-01986 (E.D. La. Jan. 18, 2023).
- McClendon v. New Orleans Sewerage & Water Bd., No. 2:23-cv-04216 (E.D. La. Nov. 30, 2023).
- Fryer v. Teche Action Bd. Inc, No. 6:22-cv-00962 (W.D. La. Sept. 27, 2023).
- Green v. Ochsner L S U Health Shreveport, No. 5:22-cv-01422, 2024 WL 1057217 (W.D. La. Mar. 11, 2024).
- Hawkins v. Hollandale Sch. Dist., No. 4:21-cv-00072 (N.D. Miss. Oct. 20, 2022).
- Gomiller v. Greenwood Leflore Hosp., No. 4:23-cv-00075 (N.D. Miss. Nov. 15, 2023).
- Gomiller v. Greenwood Leflore Hosp., No. 4:23-cv-00075 (N.D. Miss. May 15, 2024).
- Montague v. City of Moss Point, No. 1:20-cv-00087 (S.D. Miss. Mar. 8, 2022).
- Narayanan v. Midwestern State Univ., No. 7:21-cv-00046 (N.D. Tex. Oct. 24, 2022).
- Clark v. City of Alexandria, 116 F.4th 472 (5th Cir. 2024).published
- Glover v. Lafayette Consol. Gov't, No. 6:23-cv-00270 (W.D. La. July 22, 2024).
- Herring v. Buc-ee's Ltd., No. 4:22-cv-00330 (S.D. Tex. Jan. 25, 2023).
- Norris v. Saafe House, No. 4:23-cv-00752 (S.D. Tex. Dec. 6, 2023).
- Quamar v. Houston Hous. Auth., No. 4:23-cv-00814 (S.D. Tex. May 8, 2024).
- Goodkin v. Univ. of Texas Rio Grande Valley, No. 1:24-cv-00024 (S.D. Tex. Sept. 18, 2024).
- Johnson v. Epsilon Data Mgmt., LLC, No. 3:23-cv-01016 (N.D. Tex. Dec. 27, 2024).
- Goins v. Clear Creek Indep. Schood Dist., No. 4:24-cv-03248 (S.D. Tex. Dec. 26, 2024).
- Thomas v. Grp. 1 Auto., Inc., No. 4:23-cv-01416 (S.D. Tex. Jan. 2, 2025).
- Long v. City of Llano, No. 24-50663, 2025 WL 655800 (5th Cir. Feb. 28, 2025).unpublished
At page 337 Exhaustion of administrative remedies under EEOC procedures50 citing cases“to exhaust, a plaintiff must file a timely charge with the eeoc and then receive a notice of the right to sue.”
- Crawford v. West Texas A&M, No. 25-10887 (5th Cir. Sept. 18, 2026).published(To satisfy exhaustion, a claim generally must arise out of the plaintiff’s EEOC charge.)
- Morgan v. Bray, No. 24-60156 (5th Cir. Mar. 10, 2025).unpublished (Before suing, a plaintiff must exhaust administrative remedies by filing a charge with the EEOC within 180 days of the discriminatory action.)
- Goree v. City of Verona, No. 1:17-cv-00093 (N.D. Miss. Sept. 28, 2021). (Before suing, a plaintiff must exhaust administrative remedies by filing a charge with the EEOC within 180 days of the discriminatory action.)
- Young, No. 4:25-cv-00201 (N.D. Miss. Sept. 4, 2026).Sys., 1 F.4th 333, 335 (5th Cir. 2021)).
- Shirley Johnson v. Humphreys Cnty. Sheriff’s Dep't, No. 4:25-cv-00205 (N.D. Miss. Sept. 2, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021); Rush v. Thompson, No. 3:25-cv-6- TSL-ASH, 2025 U.S. Dist. LEXIS 167589 , at *6 (S.D.
- Liguori, No. 1:26-cv-00505 (W.D. Tex. Aug. 18, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021) (citing Taylor v. Books A Million, Inc., 296 F.3d 376, 379 (5th Cir. 2002)).
- Kelley, No. 3:25-cv-00346 (N.D. Miss. July 27, 2026).Sys., 1 F.4th 333, 339 (5th Cir. 2021)).
- Stancu, No. 3:25-cv-02276 (N.D. Tex. July 20, 2026).(To exhaust, a plaintiff must file a timely charge with the EEOC and then receive a notice of the right to sue.” (citation omitted))
- Poston, No. 4:24-cv-00117 (N.D. Miss. July 17, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021).
- Webb, No. 2:25-cv-02337 (E.D. La. July 6, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021).
Show 40 more citing cases
- Bee, No. 4:22-cv-04394 (S.D. Tex. Mar. 30, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021). 2 It is unclear whether Bee also alleges that she was paid less due to her age.
- Poston, No. 4:24-cv-00117 (N.D. Miss. Mar. 30, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021) (citing Davis v. Fort Bend Cnty., 893 F.3d 300, 303 (5th Cir. 2018)). “[T]he scope of an EEOC complaint should be construed liberally” so the Fifth Circuit interprets what charges are “properly embrac…
- DeWitt, No. 4:25-cv-00560 (N.D. Tex. Jan. 5, 2026).Sys., 1 F.4th 333, 337 (5th Cir. 2021) (citing Davis v. Fort Bend Cnty., 893 F.3d 300, 303 (5th Cir. 2018), aff’d 587 U.S. 541 (2019)).
- Givens, No. 2:25-cv-01294 (E.D. La. Nov. 10, 2025).Sys., 1 F.4th 333, 337 (5th Cir. 2021).
- Emanuel v. Nelson, No. 4:23-cv-04714 (S.D. Tex. Sept. 8, 2025).Sys., 1 F.4th 333, 337 (5th Cir. 2021).
- Licona v. Prof'l Distrib. Ctr., Inc., No. 4:24-cv-03044 (S.D. Tex. Sept. 5, 2025).System, 1 F.4th 333, 337 (5th Cir. 2021).
- Metwalli v. Canadian Solar, No. 3:25-cv-01450 (N.D. Tex. Sept. 4, 2025).(To exhaust, a plaintiff must file a timely charge with the EEOC and then receive a notice of the right to sue.” (citation omitted))
- Edwards v. Ochsner Clinic, L.L.C., No. 2:25-cv-00741 (E.D. La. Aug. 8, 2025). Sys., 1 F.4th 333, 337 (5th Cir. 2021) (citing Taylor v. Books A Million, Inc., 296 F.3d 376 , 378-79 (5th Cir. 2002)).
- Eddy v. Int'l Bus. Machines Corp, No. 3:24-cv-00706 (W.D. La. July 30, 2025).(quoted source omitted)
- Hyginus v. Ochsner Clinic LLC, No. 2:23-cv-02895 (E.D. La. July 23, 2025). Sys., 1 F.4th 333, 337 (5th Cir. 2021) (quotation omitted).
- Spann v. FedEx Freight, No. 24-60318 (5th Cir. July 15, 2025).unpublishedSys., 1 F.4th 333, 337 (5th Cir. 2021).
- Shelton v. Parkland Health, No. 3:24-cv-02190, 2025 WL 1513441 (N.D. Tex. May 28, 2025).Sys., 1 F.4th 333, 337 (5th Cir. 2021).
- Sambrano v. United Airlines, No. 21-11159, 2022 WL 486610 (5th Cir. Feb. 17, 2022).unpublished
- Martin v. Pub. Serv. Co. of Colorado, No. 21-1354 (10th Cir. July 28, 2022).unpublished
- Trinity Home v. WellMed Networks, No. 22-10414 (5th Cir. Mar. 20, 2023).unpublished
- Gilliam v. United States, No. 22-10993 (5th Cir. Mar. 23, 2023).unpublished
- Hamilton v. Promise Healthcare, No. 23-30190, 2023 WL 6635076 (5th Cir. Oct. 12, 2023).unpublished
- Keller v. United States, No. 2:19-cv-13191 (E.D. La. Jan. 10, 2022).
- Williams v. Hollandale Sch. Dist., No. 4:22-cv-00102 (N.D. Miss. Dec. 5, 2023).
- Morgan v. Bray, No. 1:23-cv-00072 (N.D. Miss. Feb. 26, 2024).
- Harrison v. Brookhaven Sch. Dist., No. 5:20-cv-00136 (S.D. Miss. Sept. 15, 2021).
- Bye v. MGM Resorts Int'l, Inc., No. 1:20-cv-00003 (S.D. Miss. Dec. 16, 2021).
- Goode v. Early Encounters, Inc., No. 2:21-cv-00152, 2022 WL 4488010 (S.D. Miss. Sept. 27, 2022).
- Darbey v. Nurnberg, No. 3:20-cv-01329 (N.D. Tex. Mar. 17, 2022).
- Cassandra Bering v. Texas Dep't of Crim. Just. - PFCMOD, No. 02-24-00033-CV (Tex. App.—Fort Worth Oct. 10, 2024).published
- Parker v. Chet Morrison Contractors LLC, No. 2:23-cv-05122 (E.D. La. Aug. 28, 2024).
- Grant v. Administrators of Tulane Educ. Fund, No. 2:22-cv-00066 (E.D. La. Sept. 17, 2024).
- Buckner v. West Tallahatchie Sch. Dist., No. 3:23-cv-00417 (N.D. Miss. Aug. 12, 2024).
- Starling v. Gen. Motors LLC, No. 3:21-cv-00750 (S.D. Miss. Sept. 3, 2024).
- Andrews v. 1788 Chicken, LLC, No. 3:22-cv-00276 (S.D. Miss. Sept. 25, 2024).
- Torres v. Gulf Coast Jacks, Inc., No. 4:21-cv-00019 (S.D. Tex. Oct. 13, 2022).
- Weathers v. Houston Methodist Hosp., No. 4:22-cv-04085 (S.D. Tex. Oct. 10, 2023).
- Davis v. Supreme Labor Source, LLC, No. 3:23-cv-00046 (W.D. Tex. Oct. 10, 2023).
- Jenes v. Sec'y of Vets. Affairs, No. 5:22-cv-00740 (W.D. Tex. Oct. 4, 2024).
- Rossman v. Applied Materials, Inc., No. 1:24-cv-00203 (W.D. Tex. Oct. 8, 2024).
- Weber v. Dep't of Vets. Affairs, No. 2:23-cv-01200 (E.D. La. Dec. 30, 2024).
- Washington v. Nat'l Oilwell Varco LP, 634 F. Supp. 3d 316 (N.D. Tex. 2022).published
- McWilson v. Bell Textron Inc., No. 4:23-cv-01104 (N.D. Tex. July 30, 2024).
- Khan v. City Of Houston, No. 4:23-cv-00998 (S.D. Tex. Nov. 19, 2024).
- Daniel v. Logoplaste, No. 3:25-cv-00250 (N.D. Tex. July 30, 2025).
At page 338 Intake questionnaire verification requirement for filing a charge7 citing cases[t]o satisfy the verification requirement, a charge must be ‘sworn to or affirmed before a notary public, designated representative of the [EEOC], or other person duly authorized by law to administer oaths ... or supported by an unsworn declaration in writing under penalty of perjury.’
- Tyreke Dave Lumpkin v. Credit Human Fed. Credit Union, No. 5:24-cv-00842 (W.D. Tex. Aug. 25, 2025).Sys., however, the Fifth Circuit declined to consider the intake questionnaire part of the formal, filed charge where the questionnaire was not signed and verified, and there was no dispute that the employer had never received notice of th…
- Sanders v. Fed. Express, No. 4:24-cv-00333 (N.D. Tex. Mar. 4, 2025).([t]o satisfy the verification requirement, a charge must be ‘sworn to or affirmed before a notary public, designated representative of the [EEOC], or other person duly authorized by law to administer oaths ... or suppo…)
- Bohemond v. City of Dallas Texas, No. 3:23-cv-01973 (N.D. Tex. Jan. 10, 2025). Ernst, 1 F.4th at 338-39; Patton v. Jacobs Eng'g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017).
- Hamilton v. Promise Healthcare, No. 23-30190, 2023 WL 6635076 (5th Cir. Oct. 12, 2023).unpublished
- Sims v. Louisiana State, No. 2:22-cv-02609 (E.D. La. Jan. 25, 2023).
- Thompson v. Veolia Water North Am. Operating Servs., LLC, No. 3:21-cv-00436 (S.D. Miss. Aug. 31, 2021).
- Pickney v. Diamond Offshore Drilling, Inc., No. 4:18-cv-04545 (S.D. Tex. Mar. 25, 2022).
At page 340 Proving disparate treatment requires showing differential treatment from comparators7 citing casesfinding that no prima facie case of racial discrimination arose when a claimant could not show that he was treated differently from a similarly situated employee
- Clark v. City of Alexandria, 116 F.4th 472 (5th Cir. 2024).published
- Lain v. Entergy Louisiana, No. 21-30497 (5th Cir. Apr. 8, 2022).unpublished
- Johnson v. Iberia Med. Ctr. Found., No. 6:21-cv-03769, 2023 WL 1090167 (W.D. La. Jan. 27, 2023).
- Clark v. City of Alexandria, No. 1:20-cv-01581 (W.D. La. Sept. 13, 2023).
- Alusi v. Frisco, No. 4:22-cv-00397 (E.D. Tex. July 10, 2024).
- Alusi v. Frisco, No. 4:22-cv-00397 (E.D. Tex. Aug. 27, 2024).
- Nikolova v. Univ. of Texas At Austin, 585 F. Supp. 3d 936 (W.D. Tex. 2022).published
At page 335 cited at this page1 citing case
- Young, No. 4:25-cv-00201 (N.D. Miss. Sept. 4, 2026).Sys., 1 F.4th 333, 335 (5th Cir. 2021)).
v.
Methodist Hospital
for the Fifth Circuit United States Court of Appeals Fifth Circuit
FILED
June 8, 2021
No. 20-20321 Lyle W. Cayce
Clerk
James Ernst,
Plaintiff—Appellant,
versus
Methodist Hospital System,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CV-766
Before King, Smith, and Haynes, Circuit Judges.
Jerry E. Smith, Circuit Judge:
Methodist Hospital System (“Houston Methodist”) fired James Ernst after a job candidate alleged that Ernst had sexually harassed him. Ernst sued Houston Methodist, alleging sex discrimination, retaliation, and race discrimination under Title VII. The district court dismissed the sex discrimination and retaliation claims, determining that Ernst had failed to exhaust his administrative remedies. The court also granted summary judgment on the race discrimination claim. We affirm.
I.
Ernst worked as a Senior Transportation Analyst for Houston Methodist from 2013 until his termination in 2016. The hospital fired him after a job applicant alleged that Ernst had sexually harassed him. The candidate complained that Ernst winked at him, grabbed and rubbed his own penis sug- gestively, and nodded for the candidate to follow him around the corner to the men’s room.
On receiving the complaint, Houston Methodist immediately launched an investigation. The investigators interviewed Ernst the same day that they received the complaint. Ernst denied any sexual harassment but confirmed that he nodded to the candidate and conceded that he may have “adjusted himself,” claiming that he sometimes does so “subconsciously.” The investigators also interviewed several of Ernst’s colleagues and reviewed video footage that provided at least some corroboration for the complaint.
The investigators interviewed Ernst a second time and determined that he gave some inconsistent or otherwise doubtful answers. In addition to the alleged harassment, the investigators listed “failure to perform his job duties and responsibilities” as another reason for his termination, determining that, in the course of his interaction with the candidate, Ernst left the Transportation Office unattended. On the basis of the investigation, the hospital fired Ernst.
Ernst contested his termination under Houston Methodist’s internal processes, ultimately appealing to all three levels of the hospital’s review system. During his initial appeal, Ernst met with Sheila Coggins, the Director of Human Resources. At Ernst’s behest, Coggins removed from his Documentation of Termination the allegation that he had failed to perform his duties, but she did not overturn his termination for the alleged sexual harassment. Hospital decisionmakers upheld the termination at both the second and third levels of internal appeal.
In June 2016, Ernst filed a charge-of-discrimination form with the Equal Employment Opportunity Commission (“EEOC”). The charge form included several boxes denoting various types of discrimination. [1] Ernst— who describes himself as a gay, white man—checked just one box, indicating that he suffered race discrimination. In the “particulars” field on the form, Ernst briefly described his termination and alleged only race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e– 2(a)(1).
In addition to completing the charge form, Ernst filed an intake questionnaire with the EEOC, leveling more allegations. On that form, he claimed sex discrimination because of his sexual orientation, age discrimination, and retaliation. Ernst also included his allegation of race discrimination, asserting that ninety percent of the employees in his department were African-Ameridcan and that the hospital investigators were biased against him, treating him less favorably than other employees because he is white.
The EEOC investigated but did not find that Houston Methodist had racially discriminated. In December 2017, the EEOC issued a notice of dismissal, and Ernst received a right-to-sue letter.
Ernst sued, and in his amended complaint, he brought claims for sex discrimination based on his sexual orientation, retaliation, and race discrimination under Title VII. The district court dismissed the sex-discrimination and retaliation claims, determining that Ernst had failed to exhaust his administrative remedies. The court also granted summary judgment on the[*~335–337] race-discrimination claim, concluding that Ernst had failed to state a prima facie claim and deciding that, in the alternative, he failed to show that Houston Methodist’s reasons for firing him were pretextual.
II.
A.
We review de novo a dismissal for failure to exhaust administrative remedies. Ruiz v. Brennan, 851 F.3d 464, 468 (5th Cir. 2017). “Title VII . . . provides for private causes of action arising out of employment discrimination and gives federal courts subject matter jurisdiction to resolve such disputes.” Davis v. Fort Bend Cnty., 893 F.3d 300, 303 (5th Cir. 2018), aff’d, 139 S. Ct. 1843 (2019). Before suing, a plaintiff must exhaust administrative remedies by filing a charge with the EEOC within 180 days of the discriminatory action. Id. (citing 42 U.S.C. § 2000e–5(e)(1)).
To exhaust, a plaintiff must file a timely charge with the EEOC and then receive a notice of the right to sue. Taylor v. Books A Million, Inc., 296 F.3d 376, 379 (5th Cir. 2002). Administrative exhaustion “is not a jurisdictional requirement,” Stroy v. Gibson ex rel. Dep’t of Veteran Affs., 896 F.3d 693, 698 (5th Cir. 2018), but neither is it merely “a procedural ‘gotcha’ issue,” McClain v. Lufkin Indus., Inc., 519 F.3d 264, 272 (5th Cir. 2008). Instead, administrative exhaustion “is a mainstay of proper enforcement of Title VII remedies,” id., and exists “to facilitate the [EEOC’s] investigation and conciliatory functions and to recognize its role as primary enforcer of anti-discrimination laws,” Filer v. Donley, 690 F.3d 643, 647 (5th Cir. 2012).
To satisfy exhaustion, a claim generally must arise out of the plaintiff’s EEOC charge. See id. That requirement relates to a key purpose of an employment-discrimination charge, which is to give the employer notice of the existence and general substance of the discrimination allegations. See Manning v. Chevron Chem. Co., 332 F.3d 874, 878 (5th Cir. 2003).
[*~336–338]To exhaust, however, a claim need not always arise from the EEOC charge form. In some circumstances, other documents can serve as a charge. In Federal Express Corp. v. Holowecki, 552 U.S. 389, 405–07 (2008), the Court determined that a sufficiently detailed and verified intake questionnaire sufficed as a charge under the Age Discrimination in Employment Act. In assessing whether a filing is a charge, the key question is whether “the filing, taken as a whole, should be construed as a request by the employee for the agency to take whatever action is necessary to vindicate her rights.” Id. at 398. Holowecki’s holding “extends to Title VII,” and “a questionnaire may qualify as a charge if it satisfies the EEOC’s charge-filing requirements.” EEOC v. Vantage Energy Servs., Inc., 954 F.3d 749, 753–54 (5th Cir. 2020) (per curiam), cert. denied, 141 S. Ct. 1048 (2021).
EEOC regulations set the standards for Title VII charges. See id. at 753 n.5. An employee alleging discrimination under Title VII must submit a charge to the EEOC. See 29 C.F.R. § 1601.7(a). That charge must “be in writing and signed and . . . verified.” Id. § 1601.9. To satisfy the verification requirement, a charge must be “sworn to or affirmed before a notary public, designated representative of the [EEOC], or other person duly authorized by law to administer oaths . . . or supported by an unsworn declaration in writing under penalty of perjury.” Id. § 1601.3(a). Substantively, a charge must include the name and contact information of the person making the charge, the same information of the accused individuals, a factual statement of the allegations, the size of the employer, and disclosure of whether the allegations have already been brought to a state or local agency. See id. § 1601.12(a).
B.
Ernst contends that, by alleging sex discrimination and retaliation in his EEOC intake questionnaire, he exhausted administrative remedies. It is undisputed that although the charge form included only an allegation of race[*~337–339] discrimination, the intake questionnaire included allegations of sex discrimination on the basis of sexual orientation and retaliation.
Ernst avers that, under Holowecki, he exhausted his administrative remedies because the intake questionnaire constitutes a charge. Ernst contends that he identified the relevant parties and provided a statement of alleged facts, identified relevant dates, and provided his and Houston Methodist’s required information, thereby satisfying the charge requirements under 29 C.F.R. § 1601.12(b).
Houston Methodist asserts that Ernst failed to exhaust. First, it posits that the intake questionnaire fails to constitute a charge because it did not satisfy the formal regulatory requirements, particularly because it was not verified.[2] Second, the hospital contends that Ernst failed to satisfy the charge requirement—and, thereby failed to exhaust his administrative remedies— because Houston Methodist did not receive notice of his sex-discrimination and retaliation allegations during the EEOC investigation.
Ernst has failed to establish that he satisfied the EEOC verification requirements for a charge. Although the record includes the statement of facts he laid out in his questionnaire, it does not indicate that the questionnaire was signed and verified as required. See id. § 1601.9.3 An intake questionnaire that “is not verified as required by EEOC regulations . . . . cannot be deemed a charge.” Patton v. Jacobs Eng’g Grp., Inc., 874 F.3d 437, 443 (5th Cir. 2017).
Moreover, it is undisputed that Houston Methodist never received notice of the intake questionnaire during the EEOC investigation. It first learned of the sex-discrimination and retaliation allegations from Ernst’s original complaint, to which Ernst attached his intake questionnaire. “One of the central purposes of the employment discrimination charge is to put employers on notice of ‘the existence and nature of the charges against them.’” Manning, 332 F.3d at 878 (quoting EEOC v. Shell Oil Co., 466 U.S. 54, 77 (1984)). That rationale for the charge requirement is important because, in addition to promoting fairness for the employer, it gives the EEOC the opportunity to investigate and facilitate potential conciliation before lawsuits ensue. See id.; Filer, 690 F.3d at 647.
The only charge of which Houston Methodist received notice was Ernst’s race-discrimination allegation. Because the intake questionnaire was not verified, and Houston Methodist did not receive notice of its additional allegations during the EEOC investigation, Ernst failed to exhaust administrative remedies. The district court properly dismissed the sex-discrimination and retaliation claims.
III.
A.
The district court granted summary judgment on the race- shown in the brief. See, e.g., In re Deepwater Horizon, 739 F.3d 790, 798 (5th Cir. 2014). Moreover, even if the signature were properly in the record, it would fail the verification requirement because there is no indication that it was signed before a notary, an EEOC representative or other authorized person, or under penalty of perjury. See 29 C.F.R. § 1601.3(a).
[*~338–340]discrimination claim for failure to establish a prima facie case. To establish a prima facie claim for race discrimination under Title VII, a plaintiff must show “that he (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action by the employer; and (4) was replaced by someone outside his protected group or was treated less favorably than other similarly situated employees outside the protected group.”
Stroy, 896 F.3d at 698 (cleaned up). If the plaintiff establishes a prima facie claim, the burden shifts to the employer to offer a non-discriminatory reason for the adverse action. See, e.g., McCoy v. City of Shreveport, 492 F.3d 551, 557 (5th Cir. 2007) (per curiam). If the employer offers such a reason, the burden shifts back to the plaintiff to show that that reason is pretext for a discriminatory purpose. See id.
B.
There is no dispute that Ernst satisfied the first three elements; the parties disagree on the fourth. Ernst has failed to show that he was replaced or that a comparator received more favorable treatment, so summary judgment was proper.
Ernst contends that Greg Cubit, another employee in his department at Houston Methodist who is of another race, replaced him in his role. Ernst’s contention fails because Cubit did not replace Ernst. Ernst asserts that his role was offered to Cubit, but he does not allege that Cubit actually replaced him. Moreover, Houston Methodist disputes that the hospital offered Ernst’s job to Cubit; it correctly points out that Ernst’s assertion is unsubstantiated and speculative.[4] Instead, Houston Methodist avers that[*~339–340] Ernst’s duties were divided among other employees within his department. “An employee has not been replaced when his former duties are distributed among other co-workers.”5 Thus, Ernst has not established that he was replaced by someone outside his protected class.
Ernst contends that, even if he was not replaced, he satisfies the fourth element because he was treated less favorably than Cubit. To satisfy the fourth element, a plaintiff must point to a comparator who was “similarly situated” and received more favorable treatment. See Lee v. Kan. City S. Ry. Co., 574 F.3d 253, 259 (5th Cir. 2009). The plaintiff “must establish that the comparator was treated more favorably than the plaintiff under nearly identical circumstances.” Rogers v. Pearland Indep. Sch. Dist., 827 F.3d 403, 410 (5th Cir. 2016) (cleaned up). “The employment actions being compared will be deemed to have been taken under nearly identical circumstances when the employees being compared held the same job or responsibilities, shared the same supervisor or had their employment status determined by the same person, and have essentially comparable violation histories.” Lee, 574 F.3d at 260.
Ernst fails to establish that Cubit was a similarly situated comparator.
First, Ernst testified that, although Cubit was a Transportation Analyst, Ernst was a Senior Transportation Analyst, and the two positions entailed different responsibilities. Second, Ernst implicitly conceded that he and Cubit did not “share[] the same supervisor,” id., because he testified that he served as Cubit’s supervisor. Third, although Ernst complains that Cubit received more favorable treatment from Houston Methodist, that allegation is undermined by the fact that Cubit was also later terminated for alleged misconduct. The district court correctly determined that Ernst failed to establish a prima facie case of race discrimination, and summary judgment was proper.
AFFIRMED.