Thomas v. DeJoy
── Thomas v. DeJoy ──
Court: Court of Appeals for the Fifth Circuit
Date: April 14, 2026
Category: Civil Rights
Case: 25-20297 Document: 48-1 Page: 1 Date Filed: 04/14/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 25-20297 FILED
Summary Calendar April 14, 2026
____________ Lyle W. Cayce
Clerk
Babu K. Thomas,
Plaintiff—Appellant,
versus
David Steiner, U.S. Postmaster; Todd Wallace Blanche,
Acting U.S. Attorney General; John G.E. Marck, United States Attorney
for the Southern District of Texas,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:22-CV-3157
______________________________
Before Jones, Richman, and Southwick, Circuit Judges.
Per Curiam:*
Babu K. Thomas appeals from the district court’s grant of summary
judgment to his former employer on claims of age, race, and disability
discrimination, retaliation, and hostile workplace environment, as well as the
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-20297 Document: 48-1 Page: 2 Date Filed: 04/14/2026
No. 25-20297
court’s denial of his motion for reconsideration and assessment of bill of costs
against him. We affirm.
I
Babu K. Thomas is an Asian-American man born in 1963. He began
working for the United States Postal Service (USPS) in 2000. As early as
2007, USPS began documenting problems with his work performance. In
2010, Thomas was given a medical accommodation limiting his workday to 8
hours. However, he did not abide by the conditions of the accommodation.
In June of 2014, Thomas instituted an investigation with USPS Equal
Employment Opportunity (“EEO”) alleging retaliation and a hostile work
environment based on race, national origin, age, and disability.
Thomas stopped going to work after August 13, 2014. On September
6, 2014, USPS notified Thomas he failed to keep his supervisor informed of
his status and failed to provide documentation to support his inability to
work. On January 24, 2015, Thomas was informed he had been placed on
Leave Without Pay status since August 13. Thomas sent several letters to
USPS representatives between 2014 and 2017 asking to discuss reasonable
accommodations and his claims of harassment and hostile work environment,
but none include supporting medical documentation.
On November 1, 2017, Thomas was ordered to “provide acceptable
evidence of [his] inability to report [for work] from August 2014 to present”
or be declared absent without leave and possibly terminated. USPS
conducted an investigative interview with Thomas on January 12, 2018, at
which Thomas declined to provide any documentation of his need to be
absent from work. Thomas was terminated effective March 23, 2018.
Thomas filed a charge with the EEO on April 20, 2018 asserting
discrimination, harassment, and retaliation based on race, age, and disability
beginning in December 2017. The EEOC issued a notice of right to sue letter
2
Case: 25-20297 Document: 48-1 Page: 3 Date Filed: 04/14/2026
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}