Case Explained: Summary Calendar Deana Ayres Plaintiff— v. ChemJet International, Incorporated, doing business as ChemJet, Incorporated Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-01 The Fifth Circuit affirmed the district court’s grant of summary judgment to ChemJet International, Incorporated, dismissing Deana Ayres’s hostile work environment and retaliation claims brought under Title VII and Texas employment law. Regarding the hostile work environment claim, the court held that the employer was not liable for harassment by non-employees, as Title VII does not impose an obligation on employers to prevent discrimination by individuals outside the workplace. For the conduct of her supervisor, Brandon Cameron, the court applied the *Faragher/Ellerth* affirmative defense standard, ruling that ChemJet successfully demonstrated it exercised reasonable care to prevent and correct harassment through its Employee Handbook while Ayres unreasonably failed to utilize the provided reporting procedures. On the retaliation claim, the court found Ayres failed to establish the necessary elements: she presented no evidence of protected activity regarding sexual harassment, her report concerning a safety threat did not clearly qualify as protected activity under Title VII, and she offered no proof that a reduction in overtime hours constituted an adverse employment action or that any causal link existed between her reporting and the alleged reduction. Consequently, the judgment for the defendant stands, and Ayres’s appeal is dismissed with no further relief granted. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.