United States Court of Appeals 

for the Fifth Circuit 

No. 22-20260 

Summary Calendar 

Doreatha Walker, 

Plaintiff—Appellant, 

versus

Harmony Public Schools, also known as Cosmos 

Foundation, 

Defendant—Appellee. 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 4:20-CV-3872 

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:*

In this employment discrimination action, the district court granted 

summary judgment to defendant, Harmony Public Schools. Reviewing the 

record de novo and in a light most favorable to Walker, we agree with the 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

February 22, 2023 

Lyle W. Cayce 

Clerk 

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district court that there was no genuine dispute of fact. We affirm the district 

court’s judgment. 

I. 

In August 2018, Harmony Public Schools hired Doreatha Walker as a 

science teacher. Walker is an African American woman. In Late February 

2019, Walker began efforts to celebrate Black History Month with a parade. 

The principal informed Walker that due to testing the school did not have 

time for a parade that year. Walker then sent an email filing a discrimination 

grievance against the principal. The following day the principal called a 

meeting with all teachers involved in the parade. While Walker voiced her 

concerns, she was told about the school’s three prong approach to Black 

History Month and provided with an alternative of hanging posters around 

the school. Walker accused the principal of calling the meeting in response to 

her grievance the day prior. Grievances were then filed against Walker. 

Harmony Public Schools then placed Walker on paid leave while they 

investigated the grievances. Walker returned to work two days later. 

Thereafter, Harmony Public Schools received additional grievances 

regarding Walker. These grievances stated that other teachers felt harassed 

and alleged that Walker was creating a hostile work environment. Harmony 

Public Schools placed Walker on leave for a second time while they 

investigated the grievances made by and against Walker. As a result of the 

investigation, the area superintendent terminated Walker’s employment, 

stating that Walker was “unnecessarily confrontational, threatening, and 

with the intent/effect of bullying and intimating coworkers,” and that her 

conduct “created a toxic work environment, which was unacceptable” to the 

school. Harmony Public Schools formally terminated Walker on April 12, 

2019 due to “misconduct.” 

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Walker, proceeding pro se, sued Harmony Public Schools for racial 

discrimination and retaliation in violation of Title VII and 42 U.S.C. § 1981, 

as well as for violations of the Americans with Disabilities Act. The district 

court dismissed Walker’s § 1981 claims and ADA claims as barred by 

sovereign immunity. Following discovery, both parties filed motions for 

summary judgment on Walker’s remaining Title VII claims, which the 

district court granted as to Harmony Public Schools and denied as to Walker. 

Walker timely appealed the district court’s summary judgment order. On 

appeal, she only challenges the disposition of her Title VII claims, of which 

there are three: racial discrimination, hostile work environment, and 

retaliation. 

II. 

We review the district court’s grant of summary judgment de novo 

and affirm if “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. 56(a); 

Renfroe v. Parker, 974 F.3d 594, 599 (5th Cir. 2020). A fact is material if it 

“might affect the outcome of the suit under governing law,” while a dispute 

about a fact is genuine “if the evidence is such that a reasonable jury could 

return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 

U.S. 242, 248 1986. We construe all the evidence and make all reasonable 

inferences in the light most favorable to Walker. Scott v. Harris, 550 U.S. 372, 

378 (2007). If the record “could not lead a rational trier of fact to find for 

[Walker], there is no genuine [dispute] for trial.” Matsushita Elec. Indus. Co. 

v. Zenith Radio Corp, 475 U.S. 574, 587 (1986) (cleaned up). 

III. 

We first consider Walker’s claims of discrimination under Title VII. 

It is unlawful to terminate an employee “because of” her “race..., sex, or 

national origin.” 42 U.S.C. § 2000e-2(a)(1). Since Walker does not present 

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direct evidence of discrimination, she must satisfy the McDonnell Douglas

burden shifting framework. See McDonnell Douglas Corp. v. Green, 411 U.S. 

792, 802-804 (1973); Sanders v. Christwood, 970 F.3d 558, 561 (5th Cir. 2020). 

Under that framework, Walker must make out a prima facie case of 

discrimination. Watkins v. Tregre, 997 F.3d 275, 281 (5th Cir. 2021). If she 

succeeds, Harmony Public Schools must respond with a “legitimate, 

nondiscriminatory reason” for terminating Walker. Id. at 282. The burden 

then shifts back to Walker who must counter with substantial evidence that 

Harmony Public School’s proffered reason is pretextual. Id. To establish a 

prima facie case of discrimination, Walker must show that she (1) is a member 

of a protected class; (2) was qualified for her position; (3) was subject to an 

adverse employment action; and (4) that others similarly situated were 

treated more favorably. Okoye v. Univ. of Tex. Hous. Health Sci. Ctr., 245 F.3d 

507, 512 (5th Cir. 2001). 

Within the fourth element, Walker contends that another white 

teacher was similarly situated and treated more favorably in that Ms. Huff 

was retained despite similar misconduct. To prevail under this theory, 

Walker must raise a question of fact as to whether the disparate employment 

actions were taken under “nearly identical” circumstances. See Lee v. Kan. 

City S. Ry. Co., 574 F.3d 253, 259 (5th Cir. 2009). While each employee’s 

track record does not need to comprise an identical number of infractions, 

the records must be comparable. Walker presents no evidence that Ms. Huff 

holds a comparable track record. Walker also fails to show any history of 

grievances against Ms. Huff as to cause the superintendent to open a similar 

investigation to that opened against Walker. Rather, the sole complaint 

against Ms. Huff was by Walker herself. 

Turning now to the hostile work environment claim, to establish a 

prima face case of a hostile work environment, Walker must show (1) she is a 

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member of a protected class; (2) she suffered unwelcomed harassment; (3) 

the harassment was based on her membership in a protected class; (4) the 

harassment affected a term, condition, or privilege of employment; and (5) 

the employer knew or should have known about the harassment and failed to 

take prompt remedial action. Ramsey v. Henderson, 286 F.3d 264, 268 (5th 

Cir. 2002). The court considers the totality of employment circumstances in 

evaluating whether an environment is objectively hostile, 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.” Harris v. 

Forklift Sys., 510 U.S. 17, 23 (1993). 

Although Walker subjectively felt bullied and harassed, she fails to 

specify any objectively offensive conduct attributable to her race that was 

sufficiently severe or pervasive to alter the conditions of her employment. 

The record contains no evidence that Walker was subjected to race-based 

comments, slurs, or derogatory remarks. Occasional workplace critiques and 

banter between two teachers who did not get along are not evidence of the 

type of hostile workplace environment that is proscribed by Title VII. There 

is nothing in the record that would allow a reasonable juror to conclude that 

Walker has put forth summary judgment evidence of actual instances of 

racially motivated harassment. 

Finally, to establish a prima facie case of retaliation Walker must show 

(1) she participated in a protected activity; (2) her employer took an adverse 

employment action against her; and (3) a causal link exists between the 

protected activity and the adverse employment action. Taylor v. United Parcel 

Serv., Inc., 554 F.3d 510, 523 (5th Cir. 2008). Walker presented no summary 

judgment evidence that “but for” her complaint of discrimination she would 

have not been terminated. To the contrary, summary judgment evidence 

supports the superintendent’s finding that Walker created a toxic work 

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environment by being confrontational and threatening, with the intent and 

effect of bullying her co-workers. Thus, Harmony Public Schools is entitled 

to summary judgment on Walker’s retaliation claim. 

IV. 

Because Walker failed to present any evidence establishing prima facie 

cases of a hostile work environment, racial discrimination, or a retaliatory 

motive, Harmony Public School is entitled to summary judgment. We 

AFFIRM the district court’s judgment. 

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