Case: 09-11051 Document: 00511207928 Page: 1 Date Filed: 08/18/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 18, 2010
No. 09-11051
Lyle W. Cayce
Clerk
J. MARK JONES,
Plaintiff-Appellant,
versus
CVS PHARMACY, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:07-CV-1383
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Mark Jones sued CVS Pharmacy, Inc., under title VII of the Civil Rights
Act of 1964, for retaliation and for other claims not relevant to this appeal.
Jones appeals a summary judgment that was granted to the company on the
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-11051 Document: 00511207928 Page: 2 Date Filed: 08/18/2010
No. 09-11051
ground that Jones had not shown a causal link between the protected activity
(reporting the sexual advances of former supervisors) and any adverse employ-
ment actions, including, ultimately, termination.
We have read the briefs and pertinent portions of the record and have re-
viewed the applicable law. After hearing oral argument, we conclude there is no
reversible error. As the district court determined, the company provided legiti-
mate justifications for its actions, taken in large part because of Jones’s many
incidents of misconduct and inadequate performance. Jones failed to offer evi-
dence creating a genuine issue of material fact as to whether his former employ-
er’s justifications were pretextual.
The judgment is AFFIRMED.
2