13-4084 

Augustus v. AHRC Nassau

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY 

ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF 

APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER 

IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN 

ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY 

ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

At a stated term of the United States Court of Appeals for the Second Circuit, held 

at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on 

the 10th day of March, two thousand fifteen. 

PRESENT: 

GUIDO CALABRESI, 

PETER W. HALL, 

Circuit Judges, 

 

JED S. RAKOFF, 

District Judge.

_____________________________________ 

SUSAN AUGUSTUS, 

Plaintiff-Appellant, 

v. 13-4084 

AHRC NASSAU, 

Defendant-Appellee. 

_____________________________________ 

FOR PLAINTIFF-APPELLANT: Susan Augustus, pro se, Elmont, New York. 

FOR DEFENDANT-APPELLEE: David Michael Cohen, Cooper, Sapir & Cohen, P.C., 

 Melville, New York. 

 

 Hon. Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. 
Appeal from the judgment of the United States District Court for the Eastern District of 

New York (Chen, J.). 

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 

DECREED that the judgment of the district court is AFFIRMED. 

Appellant Susan Augustus, proceeding pro se, appeals from the judgment entered by the 

United States District Court for the Eastern District of New York dismissing her Title VII 

employment discrimination claim and her Family Medical Leave Act (“FMLA”) retaliation claim 

following a bench trial. On appeal, Augustus challenges the district court’s rulings on both claims. 

We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues 

on appeal. 

Following a bench trial, we review the district court’s legal conclusions de novo and its 

findings of fact for clear error. United States v. Coppola, 85 F.3d 1015, 1019 (2d Cir. 1996). 

Augustus argues that the district court erred in concluding that she did not show by a 

preponderance of the evidence that the defendant terminated her because of her race. After a 

plaintiff establishes a prima facie case of discrimination, the employer must articulate some 

legitimate, nondiscriminatory reason for the adverse action. Texas Dep’t of Cmty. Affairs v. 

Burdine, 450 U.S. 248, 253 (1981). If the employer is successful, the burden shifts back to the 

plaintiff to prove “by a preponderance of the evidence that the legitimate reasons offered by the 

defendant were not its true reasons, but were a pretext for discrimination.” Id. We conclude that it 

was not error for the district court to find that defendant established a nondiscriminatory reason for 

her termination by producing evidence that Augustus repeatedly failed to communicate with her 

supervisors, to document client services, and to account for her time—which was identified as an 

important part of her job, given the significant amount of time she was required to spend in the 
field meeting with clients. Augustus attempted to show pretext by demonstrating that she was 

disciplined more harshly than other employees, but these comparisons are inapposite. The district 

court found that no other employee received as many citations as Augustus, and Augustus 

therefore could not show that her punishment was disproportionate to her infractions. Unlike 

Augustus, the other employees did not repeatedly violate the rules or fail to communicate with 

their supervisors. Given the evidence of Augustus’s repeated failures to complete important 

aspects of her job and the dearth of evidence supporting the existence of a discriminatory animus, 

the district court did not err in finding that Augustus did not show by a preponderance of the 

evidence that her defendant’s nondiscriminatory justification was merely a pretext for racial 

discrimination. 

Nothing in the record, moreover, supports Augustus’s claim that she was terminated in 

retaliation for her advocacy on behalf of a specific client. Although Augustus was qualified for her 

position and was the subject of an adverse employment action, she failed to show that “the adverse 

employment action occurred under circumstances giving rise to an inference of retaliatory intent.” 

Potenza v. City of New York, 365 F.3d 165, 168 (2d Cir. 2004). On the contrary, the evidence at 

trial showed that Augustus’s supervisors were supportive of her advocacy with respect to that 

client. The district court therefore did not err in ruling that Augustus failed to establish a prima 

facie retaliation claim under the FMLA. 

We have considered Augustus’s remaining arguments and find them to be without merit. 

Accordingly, the judgment of the district court is AFFIRMED. 

FOR THE COURT: 

Catherine O=Hagan Wolfe, Clerk