King v. Butts County
King v. Butts County
Opinion of the Court
ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Plaintiff Deron W. King, a former employee of Defendant Butts County, Georgia, claims that his supervisor, Defendant Van G. Whaler, discriminated against him on the basis of his race by (1) failing to promote him; (2) suspending him with pay on November 24, 2008; (3) extending his suspension with pay on December 1, 2008; (4) extending his suspension without pay on January 5, 2009; and, finally, (5) terminating his employment on January 20, 2009. He also claims that Defendants used these suspensions and his ultimate termination as retaliation for submitting a charge of discrimination to the United States Equal Employment Opportunity Commission (“EEOC”), all in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), and 42 U.S.C. § 1981. In opposition, Defendants filed the instant Motion for Summary Judgment [Doc. 25]. For the reasons addressed below, Defendants’ Motion for Summary Judgment is GRANTED.
LEGAL STANDARD
Summary judgment is proper if the movant “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
The Court must view the facts, and any reasonable inferences drawn from those facts, in the light most favorable to the party opposing the motion.
BACKGROUND
For purposes of this Motion, the facts taken in the light most favorable to King, the non-movant, are as follows:
King’s Initial Employment with Butts County and First EEOC Charge
As of late 2007, Butts County, Georgia, (“Butts County” or “the County”) employed a County Administrator and two Deputy County Administrators: Deputy County Administrator for Development and Deputy County Administrator for Operations.
Deron W. King (“King”), a black male, first contacted the County in early 2008 to apply for the open deputy position.
Accordingly, Brewer contacted King by telephone and informed him that the County was offering him the position of Director of Community Development instead of the vacant deputy position. During this call, Brewer told King that he would serve as a director for a short period of time, and that he would be promoted to Deputy County Administrator, with its added compensation and duties, after a short “trial period.”
On August 8, 2008, Whaler met with King to discuss a three-month perform
A few weeks later, on August 27, 2008, Whaler announced at a staff meeting that Bang would be “promoted” and given the “titles and duties” of Deputy County Administrator effective September 2, 2008.
Shortly thereafter, King filed his first EEOC Charge of Discrimination on September 19, 2008, in which he alleged that Butts County refused to increase his pay, despite being assigned the duties of a Deputy County Administrator, due to his race. As stated in his EEOC Charge, King believed he was a victim of race discrimination because (1) he applied for a deputy position; (2) he was offered a lesser position “with the stipulation that at some time in the future the Deputy County Administrator duties would be added to this position with a commensurate increase in pay”; (3) he was assigned the duties of a deputy in September 2008 without an increase in pay; and (4) the previous deputy, a white male, “was placed directly into his position with full salary.”
Artística Stodghill’s Allegations
On or after November 18, 2008, a receptionist/clerk, Artística Stodghill (“Stodghill”), a black female, complained to a coworker, Jessica Reynolds (“Reynolds”), about certain assignments from King.
Lawson and Singley generated a written report of the following: (1) on Stodghill’s second day with the County, King told her not to trust anyone or converse with any other employees; (2) King claimed everyone in the office was racist; (3) Stodghill
Most recently, King gave Stodghill an assignment on November 18, 2008, to read information pertaining to the “Fire Fighters BudgeVInsurance” and provide “a response and/or suggestions.”
When Whaler returned from vacation on November 24, 2008, Brewer informed him of Lawson and Single/s meeting with Stodghill.
Sometime later, Whaler called King into his .office. At the meeting, Whaler presented King a notification letter, in which he indicated that “a complaint has been filed with the County Administrator against you in your capacity as the department manager of Community Development. The employee making the
King requested Stodghill’s presence several times over the course of' the meeting, and he twice expressed his intent to talk with Stodghill personally.
When King left the meeting with Whaler and Brewer, he was not on administrative leave, and he had not received any explicit written or verbal instruction prohibiting him from discussing the matter with Stodghill directly.
Two days later, King responded to Stodghill’s statement with his 'own description of the events, and he filed a separate grievánce against Whaler for his actions on November 24th. King formally requested that the County hire an independent investigator.
Suspension and Investigation
Butts County retained Mae Okwandu, a former investigator for the Georgia Commission on Equal Employment Opportunity Office, to investigate both the allegations against King and King’s grievance against Whaler. Okwandu took witness statements from King, Stodghill, Brewer, and Whaler, and she reviewed various internal memoranda, including the parties’ respective descriptions of Stodghill’s assignments, the notification letter Whaler handed to King on November 24th, the taped conversation of King’s meeting with Whaler and Brewer, Stodghill’s e-mail to Whaler, and the initial report generated by Lawson and Singley.
Okwandu completed her reports on or about December 17, 2008, when she con-
King and Whaler met on January 5, 2009, to discuss the results of the investigation and to allow King “an opportunity to be heard before any final decision [was] rendered.”
Termination for Failure to Return to Work
King’s ten-day suspension was scheduled to end on January 20, 2009.
Per Whaler’s instructions, King later emailed a memorandum requesting additional administrative leave, stating that he would “await [Whaler’s] response to this memorandum.”
After King’s termination, Singley, a white male, was promoted to Director of Community Development.
King amended his original EEOC Charge to include his termination on January 23, 2009.
PROCEDURAL HISTORY
After receiving a Notice of Right to Sue by the Equal Employment Opportunity Commission (“EEOC”) on November 1, 2010, King filed suit against Butts County and Whaler on January 4, 2011, alleging race discrimination and retaliation under Title VII and 42 U.S.C. § 1981. On May 25, 2012, Defendants filed the instant Motion for Summary Judgment.
DISCUSSION
In his Complaint, King claims that he was subjected to racial discrimination and retaliation in violation of Title VII and 42 U.S.C. § 1981 based on five key events: (1) Butts County’s failure to promote King to the position of Deputy County Administrator; (2) King’s suspension with pay on November 24, 2008; (3) the extension of King’s suspension with pay on December 1, 2008; (4) the extension of King’s suspension without pay on January 5, 2009; and (5) King’s termination on January 20, 2009. Title VII and Section 1981 “have the same requirements of proof and use the same analytical framework.”
I. Section 1981 Claims Against Butts County
King brings retaliation and discrimination claims against Butts County under 42 U.S.C. § 1981 in Counts III and IV of his Complaint. However, Section 1981 “does not provide an implicit cause of action against state actors; therefore § 1983 constitutes the exclusive federal remedy for violation of state actors of the rights guaranteed under § 1981.”
In his Complaint, King alleges that Butts County’s failure to promote him to the position of Deputy County Administrator was racially motivated in .violation of Title VII. King also alleges that his subsequent suspensions on November 24, 2008, and December 1, 2008, with. pay, were motivated by similar racial animus and in retaliation for King’s EEOC Charge and internal complaints of race discrimination. However, King failed to pursue these claim in his response to the instant Motion, which explicitly and thoroughly seeks summary judgment as to all of King’s claims. Instead, King only addresses two “adverse employment actions” as evidence of Defendants’ retaliation and discrimination: his subsequent suspension without pay and his ultimate termination.
III. Discrimination Claims
Title VII provides that an employer may not “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, [or] sex.” A plaintiff may support Title VII claims with direct evidence, circumstantial evidence, or statistical proof.
As the Eleventh Circuit recently reiterated, “[t]here is more than one way to show discriminatory intent using indirect or circumstantial evidence.”
A. Suspension Without Pay on January 5, 2009
King cannot establish that his disciplinary suspension without pay on January 5, 2009, was the result Of Butts County’s discriminatory animus. To make out a prima facie case of discriminatory suspension, a plaintiff must demonstrate that (1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action; and (4) he was treated less favorably than a similarly-situated individual outside of his protected class.
Butts County argues that King has failed to identify a non-minority employee who was treated more favorably in similar circumstances. “In determining whether employees are similarly situated for purposes of establishing a prima facie ease, it is necessary to consider whether the employees are involved in or accused of the same or similar conduct and are disciplined in different ways.”
King does not identify a comparator who was treated more favorably, but he argues that his ultimate termination and replacement by a white co-worker establishes his prima facie case. In doing so, King attempts to compound separate incidents into one overarching prima facie case, which he summarily outlines in a single page of text.
As with his suspension claim, King readily satisfies the first three prongs of his discriminatory termination claim. Again, King’s prima facie case turns on the fourth prong of his prima facie case. As established above, King does not provide a similarly-situated comparator for the Court’s consideration. However, on a discriminatory termination claim, a plaintiff may instead demonstrate that he was replaced by a person outside of his protected class.
The undisputed facts establish that King’s title, Director of Community Development, was eliminated after his termination. Thereafter, Singley was promoted to Director of Community Services, where he served for approximately two years, until mid-2011.
King, as a non-moving party, must “designate specific facts showing that there is a genuine issue for trial.”
Although King has established his prima facie case, Defendants have presented a legitimate, nondiscriminatory reason for terminating King. At this stage, the Defendants must' “clearly set forth, through the introduction of admissible evidence, the reason for its adverse employment decision, and that reason must be legally sufficient to justify a judgment for the defendant.”
In this case, Defendants proffer only one basis for Whaler’s decision to terminate King — King’s failure to report to work on January 20, 2009.
King has the opportunity to demonstrate that Defendants’ articulated reason for termination is “mere pretext for discrimination.”
To the extent King finds certain inconsistencies in WThaler’s deposition testimony, this evidence does not demonstrate “such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the [defendants’] proffered legitimate reasons for its action that a reasonable factfinder could find them unworthy of credence.”
Reading the facts in the light most favorable to King, Whaler’s vague statements caused King to misunderstand his obligation to return to work on January 20th. But no matter how unfair this outcome may seem, Whaler’s poor communication cannot support King’s discriminatory termination claim. “An employer who fires an employee under the mistaken but honest impression that- the employee isolated a work rule is not liable for discriminatory conduct.”
C. Mosaic Theory
Given the escalating series of events in this case and King’s tendency to present these events as one cumulative, discriminatory action, the Court is compelled to address an alternative, though ultimately unavailing, avenue for King’s claims: the Eleventh Circuit’s newly-articulated “mosaic” theory. In Smith v. Lockheed-Martin Corporation,
There is nothing comparable in the record currently before the Court. Although King experienced a number of unsettling employment decisions, the Court finds that this evidence is not sufficient to establish the “convincing” mosaic of racially-related evidence envisioned by the Eleventh Circuit. Therefore, the Court concludes that King’s discrimination claims fail as a matter of law.
IV. Retaliation Claims
Parallel with his discrimination claims, King also alleges that' Defendants unlawfully retaliated against him for filing and updating his EEOC Charges by (1) suspending him without pay on January 5, 2009, and (2) terminating his employment on January 20, 2009.
Defendants concede that King suffered adverse employment actions and that these actions were causally related to King’s alleged protected activity. However, they assert King’s participation in the EEOC grievance process does not qualify as a protected activity because he lacked a good faith, reasonable basis for filing charges against Butts County and Whaler. Defendants’ only authority for this asser
As a general premise, it is unlawful for an employer to retaliate against an employee “because’’ he has opposed any practice made an unlawful employment by this .subchapter, or because he has made a charge, testified, assisted, or participated in any manner in any investigating, proceeding, or hearing under this subchapter.”
Although some courts, like the Third Circuit, have applied the good faith requirement to the' participation clause, a majority of circuits have declined to do so.
Based on the Fifth Circuit’s holding in Pettway, the Court declines to impose a good faith and reasonableness requirement on the anti-retaliation participation clause. Consequently, because King has filed an EEOC complaint against Defendants and has otherwise assisted in the EEOC’s in
Upon establishment of a prima facie case, the burden of proof first shifts to the employer to articulate a legitimate, non-retaliatory reason for the adverse employment action.
Whaler claims that he suspended King for ten days without pay based on an independent investigation by Mae Okwandu, a former investigator for the Georgia Commission on Equal Employment Opportunity Office. Following Okwandu’s analysis, Whaler determined that King violated four provisions of the Butts County Personnel Ordinance by (1) making inappropriate racial remarks to Stodghill, another black employee, which fostered a hostile working environment; (2) delegating inappropriate assignments to Stodghill; (3) threatening Stodghill’s continued employment; and (4) willfully disobeying Whaler’s direct instructions not to discuss Stodghill’s complaints with her. Thus, Defendants have articulated a legitimate, nonretaliatory reason for King’s suspension, and the burden shifts to King to demonstrate that Defendants’ proffered reasons are pretext for retaliation.
King attempts to show that Defendants’ proffered reasons are pretext for retaliation by challenging the reasonableness of the independent investigator’s and Whaler’s conclusions. King asserts (1) racially-charged statements between black employees cannot create a hostile work environment; (2) he delegated appropriate assignments to Stodghill; (3) Stodghill was not personally threatened by King ánd did not want to file a formal complaint; and (4) Whaler never told him not to discuss Stodghill’s allegations with her during the November 24th meeting. These allegations do not create a genuine issue of material fact regarding whether Defendants’ actions were pretext for retaliation.
To show pretext, King must meet each of Defendants’ reasons “head on” and rebut them, “and the employee cannot succeed by simply quarreling with the wisdom of that reason.”
In short, this Court is compelled to conclude that King’s evidence and his subjective interpretation of events could not convince a reasonable factfinder to reject the County’s reasons for its employment action or, importantly, conclude that retaliation actually motivated King’s suspension without pay.
CONCLUSION
As set forth above, Defendants’ Motion for Summary Judgment [Doc. 25] is GRANTED.
. Fed.R.Civ.P. 56(a); see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. Catrett, 477 U.S. at 323, 106 S.Ct. 2548 (internal quotation marks omitted).
. See Fed.R.Civ.P. 56(e); see also Catrett, 477 U.S. at 324-26, 106 S.Ct. 2548.
. Penley v. Eslinger, 605 F.3d 843, 848 (11th Cir. 2010); Welch v. Celotex Corp., 951 F.2d 1235, 1237 (11th Cir. 1992).
. Logan v. Smith, 439 Fed.Appx. 798, 800 (11th Cir. 2011) (quoting Penley, 605 F.3d at 848).
. Pourmoghani-Esfahani v. Gee, 625 F.3d 1313, 1315 (11th Cir. 2010) (per curiam) (quoting Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007)).
. Id. (internal quotation marks omitted).
. Envtl. Def. Fund v. Marsh, 651 F.2d 983, 991 (5th Cir. 1981). In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc) the Eleventh Circuit adopted as binding precedent all the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.
. Brewer Decl., ¶ 3 [Doc. 25-3]
. Id. at ¶ 4.
. Id. at ¶¶ 5-6.
. Brewer Dep., Vol. I, at Exs. 13-14 [Doc. 33].
. Id. at Exs. 13 — 16.!
. Defs. Ex. 16 [Doc. 28-2],
. Brewer Dep., Vol. I, 151:10-25 [Doc. 33],
. King Dep., 37:7-38:11 [Doc. 27],
. The parties spend some time discussing King’s initial pay, subsequent raise, and an early performance evaluation that have no real bearing on King's claims as he presents them in response to Defendants’ Motion for Summary Judgment. As such, the Court does not fully develop these facts in this section or the Order at large.
. King Dep., 82-89 [Doc. 27]; Whaler Dep., Vol. II, Ex. 29 at 2 [Doc. 43-4],
. King Dep., 85:2-12 [Doc. 27],
. Id.
. Whaler Dep., Vol. II, Ex. 26 [Doc. 43-1], This made King's salary as a first-year director $285.00 higher than Brewer, who, at the time, was serving as a deputy in his twenty-third year with the County. Id. at Ex. 29 at 2 [Doc. 43-4],
. Id.
. King Dep., Ex. 42 [Doc. 45-3].
. Defs. Ex. 43 [Doc. 28-8],
. King Dep., Ex. 44 [Doc. 45-5],
. Whaler Dep., Vol. II, Ex. 28 [Doc. 43-3],
. Stodghill Dep., Vol. I, 32:8-16 [Doc. 39]; Brewer Dep., Vol. I, 21:12-22:16 [Doc. 33]; Def. Ex. 1 at 9 [Doc. 28].
. Brewer Dep., Vol. I, 21:12-23:21 [Doc. 33]; Stodghill Dep., Vol. I, 75:14-16 [Doc. 39].
. Def. Ex. 1 at 9 [Doc. 28],
. Id.
. Id.
. Id.
. Id. at 11.
. Brewer Dep., Vol. I, 28:8-21 [Doc. 33],
. Id. at 28:19-11.
. Id.-, Defs. Ex. 1 at 28 [Doc. 28],
. Stodghill Dep., Vol. I, Ex. 23 at 05:23 [Doc. 39-1]. As other evidence of discrimination, King attempts to submit Stodghill’s statement that Butts County "used” her to make it appear "that his own kind got rid of him, not us ... and that’s exactly how I feel from the bottom of my heart.” Stodghill Dep., Vol. I, Ex. 23, 07:40-8:00, 10:45-11:15 [Doc. 39-1], Stodghill’s' unsubstantiated "feeling,” without any factual support, is not evidence of discriminatory intent. See, e.g., Grady v. BellSouth, 160 Fed.Appx. 863, 864-65 (11th Cir. 2005) (rejecting supervisor’s allegations of defendant’s discriminatory animus as "speculative and conclusory” at most). Likewise, the Court dispenses with Commissioner Eddie Travis's belief that Whaler used Stodghill to "take [King] out.” Travis Dep., 10:19-15 [Doc. 41]. The cited record does not provide any viable, factual basis for Travis’s conclusion. Instead, he merely states that "they just looked at me in the face” after "they” mentioned Stodghill’s race and Travis voiced his concern that "they” were taking Stodghill’s statements "to the extreme.” Id. at 10:5-25. These vague, speculative statements are not sufficient to establish King’s prima facie case or otherwise defeat Defendants’ Motion for Summary Judgment.
. Brewer Dep., Vol. I, 37:6-13, Ex. 2 [Doc. 33-2],
. Brewer Dep., Vol. I, Ex. 2 [Doc. 33-2].
. King Dep., Ex. 1, 09:40-09:45 [Doc. 45-1].
. Id. at 09:10, 23:16, 12:55, 14:00, 14:27, 16:05.
. Brewer Dep., Vol. I, 39:11-41:17, 87:9-18 [Doc. 33],
. King Dep., 158:6-20 [Doc. 27].
. Stodghill Dep., Vol. I, 150:9-19 [Doc. 39]. The parties dispute whether King "threatened” her job during this meeting.
. Brewer Dep., Vol. I, 32:2-6 [Doc. 33].
. Id. at 32:9-22.
. Id. at 34:2-36:4.
. Dels. Ex. 1 at 16-17, 25-26 [Doc. 28],
. See generally Brewer Dep., Vol. I, Exs. 1 and 8 [Doc. 33-1, 8].
. See Id.
. Id. at Ex. 8.
. See generally id. at Exs. 1 and 8.
. See generally id. at Ex. 1.
. King Dep., 163:12-16 [Doc. 27].
. King Resp., Ex. 1 [Doc. 46-1],
. King Dep., Ex. 41 [Doc. 45-2].
. Brewer Dep., Vol. I, Exs. 10 and 11 [Docs. 33-10, 11].
. Whaler Dep., Vol. Ill, Ex. 49 [Doc. 44-2],
. Brewer Dep., Vol. I, Ex. 11 [Doc. 33-11]; King Dep., 164:1-7 [Doc. 27],
. King Dep., 163:19-167:14 [Doc. 27],
. Id. at 170:2-6.
. Id. at 170:2-13; Defs. Ex. 32 [Doc. 28-7],
. King Dep., 170:2-13 [Doc. 27]; Def. Ex. 32 [Doc. 28-7],
. Whaler Dep., Vol. I, 77:24-28:6 [Doc. 42]; Whaler Dep., Vol. Ill, 138:12-24 [Doc. 44],
. See Whaler Dep., Vol. I, 124:6-14, 159:13-25 [Doc. 42]; Brewer Dep., Vol. I, 123:19-24 [Doc. 33],
. Lawson Dep., 26:18-22 [Doc. 36].
. Brewer Dep., Vol. I, 17:6-19:1 [Doc. 33],
. Id.
. King Dep., Ex. 45 [Doc. 45-6].
. King Resp., Ex. 2 [Doc. 46-2],
. Standard v. A.B.E.L. Servs., Inc., 161 F.3d 1318, 1330 (11th Cir. 1998).
. Bryant v. Jones, 575 F.3d 1281, 1288 n. 1 (11th Cir. 2009) (citing Butts v. Cnty. of Volusia, 222 F.3d 891, 894-95 (11th Cir. 2000)).
. King Resp. at 10 [Doc. 46],
. See Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1322 (11th Cir. 2001) (holding that a claim included in a complaint but not raised at summary judgment is deemed abandoned); United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) ("Judges are not expected to be mindreaders. Consequently, a litigant has an obligation to spell out its arguments squarely and distinctly, or else forever hold its peace.”) (internal quotation omitted).
. Rioux v. City of Atlanta, 520 F.3d 1269, 1274 (11th Cir. 2008).
. Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1086 (11th Cir. 2004) (alterations and quotation marks omitted).
. Wright v. Southland Corp., 187 F.3d 1287, 1293-94 (11th Cir. 1999).
. Hamilton v. Southland Christian Sch., Inc., 680 F.3d 1316, 1320 (11th Cir. 2012).
. 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).
. Holifield v. Reno, 115 F.3d 1555, 1562 (11th Cir. 1997).
. Turnes v. AmSouth Bank, N.A., 36 F.3d 1057, 1061 (11th Cir. 1994).
. Burke-Fowler v. Orange Cnty. Fla., 447 F.3d 1319, 1323 (11th Cir. 2006); Maynard v. Bd. of Regents of Div. of Univ. of Fla. Dep’t of Educ., 342 F.3d 1281, 1289 (11th Cir. 2003).
. See, e.g., Silk v. City of Chicago, 194 F.3d 788, 805 n. 17 (7th Cir. 1999) ("The only employment action in this case that could be considered a 'tangible' one is ... [the] five-day suspension.”); Dickerson v. SecTek, Inc., 238 F.Supp.2d 66, 80 n. 11 (D.D.C. 2002) ("[C]ourts have almost uniformly held that a disciplinary suspension for which the employee is not compensated ... amounts to an adverse employment action.”).
. Holifield, 115 F.3d at 1562.
. Id.
. See King Resp. at 10 [Doc. 46],
. Even if King had successfully met his prima facie burden, his discriminatoiy suspension claim would fail. As discussed below in the context of King’s related retaliation claim, King cannot demonstrate that Butts County’s actions were mere pretext for discriminatory or retaliatory animus.
. Maynard, 342 F.3d at 1289.
. Defendants' assert that Singley was promoted on an '‘interim basis,” and, therefore, not King's true replacement. However, Singley's employment as an interim or permanent replacement does not affect the outcome of the Court's analysis. See Catchings v. Hooper’s Trailer Sales, Inc., No. 5:06-CV-418(HL), 2008 WL 687320, at *7 (M.D.Ga. Mar. 11, 2008).
. Brewer Dep., Vol. I, 15-16:2-9 [Doc. 33],
. Lawson Dep., Vol. I, 27:3-14 [Doc. 36].
. Catrett, 477 U.S. at 324-25, 106 S.Ct. 2548.
. Damon v. Fleming Supermarkets of Fla., Inc., 196 F.3d 1354, 1361 (11th Cir. 1999).
. Walker v. Mortham, 158 F.3d 1177, 1184 (11th Cir. 1998) (quoting Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 255, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)) (internal quotation marks omitted).
. Vessels v. Atlanta Ind. Sch. Syst., 408 F.3d 763, 769-70 (11th Cir. 2005).
. See Kondrak v. Principi, 161 Fed.Appx. 817, 819 (11th Cir. 2005).
. King's termination letter includes other reasons for his dismissal, including a deficient performance review and the "disciplinary infractions” that led to King’s ten-day suspension without pay. Brewer Dep., Vol. I, Ex. 12 [Doc. 33-12], These additional reasons are not inconsistent with Defendants’ ultimate reason for dismissing King: his failure to return to work on January 20, 2009. See Tidwell v. Carter Prod., 135 F.3d 1422, 1428 (11th Cir. 1998) (The "existence of a possible additional nondiscriminatory basis for ... termination does not [] prove pretext.’’).
. See Bryant, 575 F.3d at 1308.
. Holifield, 115 F.3d at 1565.
. Hall v. Ala. Ass’n of Sch. Bds., 326 F.3d 1157, 1166 (11th Cir. 2003); see Zaben v. Air Prods. & Chems., Inc., 129 F.3d 1453, 1457 (11th Cir. 1997).
. Holifield, 115 F.3d at 1565.
. Id.
. King Dep., 170:2-13 [Doc. 27]; Defs. Ex. 32 [Doc. 28-7],
. McCann v. Tillman, 526 F.3d 1370, 1375-76 (11th Cir. 2008).
. Louissaint v. Westminster Cmty. Care Servs., Inc., No. 604CV-1631ORL-18JGG, 2006 WL 3264406, at *3 (M.D.Fla. Nov. 7, 2006); accord Mason v. Mitchell's Contracting Serv., LLC, 816 F.Supp.2d 1178, 1199-1200 (S.D.Ala. 2011).
. Damon, 196 F.3d at 1363 n. 3.
. Nix v. WLCY Radio/Rahall Commc’ns, 738 F.2d 1181, 1187 (11th Cir. 1984); see Jones v. Bessemer Carraway Med. Ctr., 151 F.3d 1321, 1324 n. 16 (11th Cir. 1998) (noting that employers may make decisions based on mistakes or lies so long as the decision is not based on a discriminatory reason).
. King’s prima facie case, standing alone, is not sufficient evidence to conclude that Defendants unlawfully terminated him because of his race. See Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 148, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).
. Neither party addresses this argument in their- respective briefs.
. 644 F.3d 1321 (11th Cir. 2011).
. Id. at -1328.
. Id.
. Id.
. Based Kang's Complaint and the analysis above, Kang’s remaining retaliatory suspension claim only applies to Butts County (Count II), while his retaliatory termination claims apply to both Butts County and Whaler, in his individual capacity (Counts II and IV). Although King separately brings his retaliatory termination claims under Title VII and Section 1981, as noted above, the Court’s analysis of claims under these statutes is the same.
. Harper v. Blackbuster Entm't Corp., 139 F.3d 1385, 1388 (11th Cir. 1998).
. See Moore v. City of Philadelphia, 461 F.3d 331, 341 (3rd Cir. 2006).
. See, e.g., Booth v. Pasco Cnty. Fla., 829 F.Supp.2d 1180 (M.D.Fla. 2011).
. 42 U.S.C. § 2000e-3(a) (emphasis added).
. EEOC v. Total Sys. Servs., Inc., 221 F.3d 1171, 1174 (11th Cir. 2000).
. See Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453, 1455 (11th Cir. 1998) ("[W]e need not decide whether protection from retaliation under the participation clause is conditioned by a good faith, reasonable basis requirement.”).
. See, e.g., Johnson v. Univ. of Cincinnati, 215 F.3d 561, 582 (6th Cir. 2000); Glover v. S.C. Law Enforcement Div., 170 F.3d 411, 414 (4th Cir. 1999); Wyatt v. City of Boston, 35 F.3d 13, 15 (1st Cir. 1994).
. 411 F.2d at 1005.
. Id.
. Id. at 1007.
. Defendants concede the other two prongs of King's prima facie case: (1) adverse employment actions and (2) a causal relationship between the adverse employment actions and King's protected activity.
. Brown v. City of Opelika, 211 Fed.Appx. 862, 864(11th Cir. 2006).
. Johnson v. Booker T. Washington Broad. Serv., Inc., 234 F.3d 501, 507 n. 6 (11th Cir. 2000).
. Defendants and King do not offer any additional or distinct reasons for Defendants’ employment decision or evidence of pretext in relation to King's retaliatory termination claim; as such, the Court incorporates the above discriminatory termination analysis.
. See Pennington v. City of Huntsville, 261 F.3d 1262, 1266 (11th Cir. 2001); Johnson, 234 F.3d at 507 n. 6.
. See Tidwell, 135 F.3d at 1427.
. Chapman v. AI Transp., 229 F.3d 1012, 1030, 1037 (11th Cir. 2000).
. See Chambers v. Wal-Mart Stores, Inc., 70 F.Supp.2d 1311, 1323 (N.D.Ga. 1998) (finding employer had no legal obligation to investigate informal complaint, though noting that it may have been a "good business practice” to do so).
. Rojas v. Florida, 285 F.3d 1339, 1342 (11th Cir. 2002); see also Alvarez v. Royal Atl. Developers, Inc., 610 F.3d 1253, 1266-1267 (11th Cir. 2010).
Reference
- Full Case Name
- Deron W. KING v. BUTTS COUNTY, GEORGIA, and Van G. Whaler, in his individual capacity
- Cited By
- 2 cases
- Status
- Published