Case: 13-30917 Document: 00512518438 Page: 1 Date Filed: 01/31/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-30917 January 31, 2014
Summary Calendar
Lyle W. Cayce
Clerk
ALLEN ANCAR, III,
Plaintiff–Appellant,
versus
PORT SHIP SERVICE, INCORPORATED,
Defendant–Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:12-CV-1710
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Allen Ancar sued his employer, claiming discriminatory compensation.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-30917 Document: 00512518438 Page: 2 Date Filed: 01/31/2014
No. 13-30917
The district court granted the employer’s motion for summary judgment.
There is no error, so we affirm.
Ancar was a driver who transported river pilots to and from the port.
Driving assignments were made on a rotating basis from a tablet on which the
name of each pilot was recorded when he called for a ride. Ancar claimed that
he frequently was assigned to pilots who did not give a tip or who tipped low
amounts and that such assignments were made because of his race.
The district court correctly reasoned as follows:
Plaintiff fails to point to any case law suggesting that tips, over
which Plaintiff admits Defendant had no control, constitute com-
pensation, terms, or privileges of employment under Title VII.
Furthermore, Plaintiff does not point to any case law suggesting
that all employees are entitled to the same amount in tips in the
absence of an agreement with the employer regarding tipping.
Additionally, Plaintiff’s conclusory allegations that the dispatcher
intentionally made driver assignments based on race do not suffice
without some supportive and qualifying evidentiary showing to
create a material factual dispute.
The summary judgment is AFFIRMED.
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