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5th Circuit Affirms Dismissal in Harmony Schools Discrimination Case

The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's summary judgment in favor of Harmony Public Schools in an employment discrimination lawsuit filed by former facilities manager Kemal Kocak. The case involved claims stemming from Kocak's 2021 termination and his concerns about workplace surveillance.

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4 min readcourtlistener
Seal of the Fifth Circuit Court of Appeals

Case Information

Case No.:
25-50426

Key Takeaways

  • Fifth Circuit affirmed summary judgment in favor of Harmony Public Schools in employment discrimination case
  • Former facilities manager Kemal Kocak challenged his 2021 termination following workplace conflicts
  • Dispute arose over new timekeeping system that Kocak feared would enable surveillance tracking
  • Per curiam decision issued on summary calendar indicates straightforward legal analysis

The U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court's summary judgment dismissing an employment discrimination lawsuit against Harmony Public Schools brought by former employee Kemal Kocak.

In a brief per curiam opinion filed Jan. 14, 2026, the three-judge panel upheld the Western District of Texas federal court's decision in favor of the charter school network. The case, *Kocak v. Harmony Public Schools* (5th Cir. 2026), arose from Kocak's termination following workplace conflicts over a new timekeeping system.

According to court documents, Kocak worked as District Manager of Facilities for Harmony Public Schools until his firing in 2021. The dispute began on Aug. 5, 2021, when Kocak's supervisor Riza Gurlek emailed him requesting that he create a purchase order for a new timekeeping system and coordinate with IT Coordinator Hamza Cengiz regarding the implementation.

Kocak opposed the introduction of the new timekeeping system, expressing concerns that Harmony Public Schools and the Turkish Intelligence Service would use the system to track his activities. These fears led to workplace tensions that ultimately contributed to his termination.

The original lawsuit was filed in 2022 in the U.S. District Court for the Western District of Texas under case number 5:22-CV-636. Kocak brought claims of employment discrimination against his former employer, arguing that his firing violated federal anti-discrimination laws.

The district court granted summary judgment in favor of Harmony Public Schools, finding that the charter school network was entitled to judgment as a matter of law. Summary judgment is appropriate when there are no genuine disputes of material fact and the moving party is entitled to judgment based on the undisputed facts and applicable law.

Kocak appealed the district court's decision to the Fifth Circuit, which covers federal appeals from Texas, Louisiana, and Mississippi. The case was heard by Circuit Judges Davis, Wilson, and Douglas, who issued their ruling as a per curiam opinion, meaning it was issued by the court as a whole rather than authored by a single judge.

The Fifth Circuit's opinion was brief and issued on the court's summary calendar, indicating the panel found the case straightforward enough that it did not require extensive written analysis. The court simply stated that it affirmed the lower court's grant of summary judgment without elaborating on the specific legal reasoning.

Harmony Public Schools operates one of the largest charter school networks in Texas, serving thousands of students across multiple campuses. The organization has faced various legal challenges over the years related to its operations and management practices.

Employment discrimination cases in the education sector often involve complex issues regarding workplace policies, employee rights, and institutional practices. Federal law prohibits discrimination based on race, color, religion, sex, national origin, age, and disability in employment decisions.

The case highlights ongoing workplace surveillance concerns in modern employment settings. Employee fears about monitoring and tracking systems have become increasingly common as technology advances and employers implement new digital tools to manage their workforce.

Kocak's specific concerns about potential surveillance by foreign intelligence services reflect broader national security discussions about foreign influence in American institutions, particularly in education. However, the court documents available do not provide details about how these concerns factored into the legal analysis.

The Fifth Circuit's affirmance means that Harmony Public Schools successfully defended against the discrimination claims. The decision represents a complete victory for the charter school network, as summary judgment typically resolves cases without the need for trial.

For Kocak, the affirmance represents the end of his federal court challenge unless he chooses to petition the Supreme Court for review. Such petitions are rarely granted, particularly in employment discrimination cases that do not present novel legal questions or circuit splits.

The case also demonstrates the high bar plaintiffs face in employment discrimination litigation. To survive summary judgment, plaintiffs must present sufficient evidence to create genuine disputes of material fact regarding their discrimination claims.

While the per curiam opinion does not detail the specific legal theories or evidence presented, the court's decision to affirm suggests that Kocak was unable to establish the elements necessary to support his discrimination claims under applicable federal law.

The decision adds to Fifth Circuit precedent in employment law, though the summary nature of the ruling limits its value as guidance for future cases. The court's handling of the case on summary calendar indicates the judges viewed the legal issues as well-settled rather than novel or complex.

Employment discrimination cases in the education sector continue to evolve as workplace policies adapt to new technologies and changing social dynamics. This case represents one example of how traditional employment law principles apply to modern workplace concerns about surveillance and privacy.

Topics

employment discriminationworkplace violencesummary judgmentappeals court decision

Original Source: courtlistener

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