Opinion

Lynch v. Fluor Federal Petroleum Operation, LLC

Court
District Court, E.D. Louisiana
Filed
Nov 23, 2021
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

BARBARA LYNCH CIVIL ACTION

VERSUS NO. 19-13200

FLUOR FEDERAL PETROLEUM OPERATIONS, SECTION: “G”

LLC, et al.

ORDER AND REASONS

In this litigation, Plaintiff Barbara Lynch (“Lynch”) alleges that she experienced

harassment and discrimination while employed by Fluor Federal Petroleum Operations, LLC

(“FFPO”), which Lynch alleges ultimately resulted in the wrongful termination of her employment

on July 31, 2019.1 Before the Court is FFPO’s “Motion for Partial Summary Judgment Seeking

Dismissal of Plaintiff Barbara Lynch’s Wrongful Termination Claim.”2 In the motion, FFPO seeks

dismissal of Lynch’s claim that her termination violated the Louisiana Employment

Discrimination Law (“LEDL”).3 Lynch has not filed an opposition to the motion. Having

considered the motion, the memoranda in support and in opposition, the record, and the applicable

law, the Court grants the motion.

In the Amended Complaint, Lynch brings the following claims against FFPO: (i) sexual

harassment; (ii) race discrimination; (iii) age discrimination and retaliation; and (iv) wrongful

1 Rec. Docs. 1, 6.

2 Rec. Doc. 236.

3 Id. at 1.

1

termination.4 On September 23, 2021, this Court granted FFPO’s motion for partial summary

judgment dismissing Lynch’s claim for wrongful termination under Title VII, her claim for age

discrimination under the ADEA, and her request for damages for physical injuries under Title VII.5

On October 19, 2021, FFPO filed the instant motion for partial summary judgment.6 The

submission date for the motion was November 3, 2021. Pursuant to Local Rule 7.5, any opposition

to the motion was due eight days before the noticed submission date. Lynch has not filed an

opposition to the instant motion and therefore the motion is deemed unopposed.

FFPO argues that it is entitled to summary judgment on Lynch’s claim under the Louisiana

Employment Discrimination Law. FFPO notes that this Court has already granted summary

judgment to FFPO on Lynch’s unlawful termination claim under Title VII.7 FFPO argues that,

because the LEDL “mirrors the anti-discrimination prohibitions in federal statutes, federal courts

look to Title VII jurisprudence to interpret the LEDL.”8 Therefore, FFPO contends that because

the same analysis applies to a wrongful termination claim under the LEDL, and this Court has

already dismissed Lynch’s claim under Title VII, the Court should also dismiss her claims under

the LEDL.9

Louisiana courts, as well as the Fifth Circuit, have recognized that “[c]laims under the

LEDL are subject to the same analysis as discrimination claims under federal Title VII of the Civil

4 Rec. Doc. 6.

5 Rec. Doc. 212.

6 Rec. Doc. 236.

7 Rec. Doc. 236–1.

8 Id. at 3.

9 Id. at 3–4.

2

Rights Act of 1964.”!° Therefore, for the reasons set forth in the Court’s September 24, 2021 Order

granting summary judgment to FFPO on Lynch’s wrongful termination claim under Title VII,"

FFPO is also entitled to summary judgment on Lynch’s claim under the LEDL. Accordingly,

IT IS HEREBY ORDERED that FFPO’s “Motion for Partial Summary Judgment

Seeking Dismissal of Plaintiff Barbara Lynch’s Wrongful Termination Claim! is GRANTED.

Lynch’s claim for wrongful termination under the Louisiana Employment Discrimination Law is

hereby DISMISSED WITH PREJUDICE.

NEW ORLEANS, LOUISIANA, this 22! Gay of November, 2021.

2 NANNETTE aie BROWN

CHIEF JUD

UNITED STATES DISTRICT COURT

10 Knapper v. Hibernia Nat. Bank, 09-1036, p. 6 n. 11 (La. App. 4 Cir. 9/8/10); 49 So. 3d 898, 902 n. 11;

Turner v. Kansas City Southern Ry. Co., 675 F.3d 887, 891 n. 2 (Sth Cir. 2012) (same); DeCorte v. Jordan, 497 F.3d

433, 437 (Sth Cir. 2007) (same).

"Rec. Doc. 213.

2 Rec. Doc. 236.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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