Western District of Texas Grants Summary Judgment in Oilfield Services Employment Retaliation Case, Applying Sham Affidavit Doctrine
Judge Counts granted summary judgment to Jet Specialty, Inc., an oilfield supplier operating in West Texas, on Title VII and TCHRA retaliation claims brought by a terminated delivery driver who worked approximately 90 days. The court sustained objections to portions of the plaintiff's declaration under the sham affidavit doctrine, while overruling other objections, after reviewing evidence in the light most favorable to the nonmoving party.
Background and Parties
Jet Specialty, Inc. operates as an oilfield supplier in West Texas, storing and delivering materials needed by the oil and gas industry. The company employs sales staff, warehouse workers, administrative personnel, and delivery drivers at its Midland, Texas location, where store manager Steven Bowers exercises sole authority over hiring, discipline, termination, and compensation decisions. The company has implemented an Equal Employment Opportunity policy prohibiting unlawful discrimination and harassment, requiring employees to report actual or suspected cases of discrimination or harassment. Melissa Waller, a female delivery driver, worked for Jet Specialty for approximately 90 days from June 2022 to September 2022 before being terminated during her introductory period. Waller's only supervisor was Steven Bowers, and she received the anti-harassment policy and reporting procedures at the start of her employment.
The Employment Dispute
Jet Specialty's Midland office had two groups of drivers: one responsible for outside sales and a separate general pool of drivers. Waller was initially assigned to the outside sales group working with salesman Dago Portillo. Within one month of her employment, Waller began complaining about Portillo. She made safety complaints about Portillo to warehouse manager Billy Chappell and administrative assistant Kathy Silva, and complained to Bowers that Portillo was rushing her and sending her wrong locations for deliveries. Waller also complained to Silva that Portillo was being "mean" to her.
Bowers also received complaints from Portillo that Waller was too slow at making deliveries. To separate Waller and Portillo, Bowers transferred Waller from the outside sales driver group to the general pool of drivers. While in the general pool, Bowers received complaints from other salesmen that Waller was too slow in making her deliveries. Customers also complained about Waller's delivery speed and her behavior, and Bowers personally observed that Waller was slow at her deliveries.
At the end of the 90-day introductory period, Bowers decided to terminate Waller's employment based on her timeliness and the complaints he had received about her. Bowers communicated his intention to terminate Waller to Jet Specialty's Chief Financial Officer.
The Court's Ruling
The only remaining claims in the action were Waller's retaliation claims under Title VII of the Civil Rights Act and her state law retaliation claim under Chapter 21, Section 21.051 of the Texas Labor Code (TCHRA). Judge Counts sustained Defendant's objections to paragraphs four and five of Waller's declaration but overruled Defendant's objection to paragraph six. After reviewing the evidence in a light most favorable to the nonmoving party and granting Waller the benefit of all reasonable inferences, the court granted Defendant's Motion for Summary Judgment as to all remaining claims in the action.