Case: 12-10262 Document: 00512009388 Page: 1 Date Filed: 10/04/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 4, 2012
No. 12-10262
Summary Calendar Lyle W. Cayce
Clerk
ELNORA MOSES,
Plaintiff - Appellant
v.
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY,
Defendant - Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:10-CV-522
Before DAVIS, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
After Elnora Moses (“Moses”) was placed on disciplinary probation for
creating a disruptive work environment and ultimately terminated for failing to
meet the requirements of her conditional Return to Work Certification, she filed
suit against her former employer, the Texas Commission on Environmental
Quality (“TCEQ”). Moses’s complaint alleged that she suffered from a hostile
work environment due to sexual harassment and that TCEQ unlawfully
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10262 Document: 00512009388 Page: 2 Date Filed: 10/04/2012
No. 11-60533
retaliated against her for complaining about the harassment. Finding that
Moses failed to present facts sufficient to meet the prima facie requirements of
a Title VII hostile work environment claim based on sexual harassment or a
Title VII retaliation case, the district court granted TCEQ’s motion for summary
judgment and dismissed Moses’s suit with prejudice.
Moses’s deficient briefing fails to cite any evidence or legal authority
supporting her claims. Although pro se briefs are afforded liberal construction,
arguments must be briefed in order to be preserved. Yohey v. Collings, 985 F.2d
222, 224-25 (5th Cir. 1993). Even assuming that Moses properly briefed her
claims, the record shows that the district court properly concluded that there is
no genuine issue of material fact.
AFFIRMED.
2