Whittington v. Harris County

Bert Whittington (plaintiff), a Black man, was a deputy constable for Harris County (the county) (defendant) assigned as a dog handler. The constable’s office was run by a small group of officers, all of whom had light skin. They routinely made racial comments, calling Black persons monkeys, using the slur n****r, and referring to police vehicles as slave transport. Coworkers refused to provide Whittington with backup, and he was often assigned to the most dangerous positions. After Whittington reported discrimination concerns to his supervisors, he was subjected to multiple investigations and disciplinary actions for conduct that ordinarily did not result in such consequences. Additionally, his coworkers’ racial comments and refusals to provide backup increased. Whittington was fired on the same day he reported a White coworker for violating a juvenile’s civil rights. Whittington filed a charge with the Equal Employment Opportunity Commission (EEOC) complaining of racial discrimination. He subsequently sued the county for race-based and color-based employment discrimination violating Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, Whittington asserted claims for discriminatory termination, retaliation, and a hostile work environment. The county moved for summary judgment, arguing that Whittington could not assert color-based discrimination absent from the EEOC charge and that his other Title VII claims lacked support. The county also argued Whittington’s termination was for legitimate reasons, citing the investigations and disciplinary actions against him. The district court granted summary judgment in the county’s favor on all Title VII claims. Whittington appealed.