Filed: Apr. 24, 1997
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-50878 _ POINETTE GODFREY, Plaintiff-Appellant, versus SOUTHWEST AIRLINES CO., Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas (SA-95-CA-0456) _ April 16, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges. PER CURIAM*: Poinette Godfrey challenges an adverse summary judgment in her Title VII action, which arises out of discharge from her employment as a probationary flight attend
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-50878 _ POINETTE GODFREY, Plaintiff-Appellant, versus SOUTHWEST AIRLINES CO., Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas (SA-95-CA-0456) _ April 16, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges. PER CURIAM*: Poinette Godfrey challenges an adverse summary judgment in her Title VII action, which arises out of discharge from her employment as a probationary flight attenda..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________________
No. 96-50878
_______________________________
POINETTE GODFREY,
Plaintiff-Appellant,
versus
SOUTHWEST AIRLINES CO.,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(SA-95-CA-0456)
_________________________________________________________________
April 16, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM*:
Poinette Godfrey challenges an adverse summary judgment in her
Title VII action, which arises out of discharge from her employment
as a probationary flight attendant after Southwest had received
negative reports concerning her “attitude, friendliness, and
passenger contact”.
Godfrey contends that Southwest’s system of confidential
evaluation of probationary flight attendants constitutes disparate
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
impact discrimination based on race. Godfrey did not raise this
issue in her complaint, however. The first appearance of this
theory was not until after Southwest’s summary judgment motion.
Furthermore, in her “letter brief” in response to Southwest’s reply
brief for summary judgment, Godfrey expressly abandoned her
disparate impact claim. Needless to say, this court may decline to
exercise our discretion to consider issues that were not raised in
the district court. See, e.g., Highlands Ins. Co. v. Nat’l Union
Fire Ins. Co.,
27 F.3d 1027, 1031-32 (5th Cir. 1994) cert. denied,
115 S. Ct. 903 (1995) (applying, in civil case, plain error
analysis of United States v. Olano,
507 U.S. 725 (1993)).
In any event, concerning this claim, as well as those for
discriminatory treatment and retaliatory discharge claims, and
pursuant to our de novo review, we affirm for essentially the
reasons stated by the district court. Godfrey v. Southwest
Airlines Co., Order Granting Defendant’s Motion for Summary
Judgment (SA-95-CA-0456) (18 October, 1996).
AFFIRMED