Riggin v. United States, Department of the Air Force
Riggin v. United States, Department of the Air Force
Opinion of the Court
ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Plaintiff Robert Riggin, Jr., brings this action for retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. (“Title VII”), and age discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. (“ADEA”). Before the Court is Defendants The United States Department of the Air Force and Secretary of the Air Force Deborah Lee James’ Motion for Summary Judgment. Having read and considered the Motion, the record in this case, the applicable law, and the parties’ arguments, the Court finds Plaintiff fails to raise genuine issues of material fact on either of his claims and therefore GRANTS Defendants’ Motion for Summary Judgment [Doc. 18].
LEGAL STANDARD
Summary judgment is proper if the movant “shows that there is no genuine issue as to any material fact and the mov-ant is entitled to a judgment as a matter of law.”
On summary judgment, the Court must view the evidence and all justifiable inferences in the light most favorable to the nonmoving party; the Court may not make credibility determinations or weigh the evidence.
BACKGROUND
Plaintiff timely filed this action alleging Defendants unlawfully demoted him to a Human Resources position based on his age and in retaliation for helping another employee file an Equal Employment Opportunity (“EEO”) complaint. Defendants, however, contend they merely transferred Plaintiff to an equivalent supervisor position based on his discrimination against another employee, his unsatisfactory performance, and the needs of the organization. The facts, taken in the light most favorable to Plaintiff as the nonmoving party, are as follows:
Plaintiff, a 60-year-old male, worked for 20 years as an aircraft overhaul supervisor in the Production Flight at Robins Air Force Base in Warner Robins, Georgia, As a Production Flight supervisor, Plaintiff supervised approximately 30 mechanics in the production and repair of aircraft. Because management typically transferred supervisors to the Production Flight after one year in the Human Resources Flight, a Production Flight supervisor was considered a more prestigious position than a Human Resources Flight supervisor.
In 2011, several incidents occurred that the parties contend led to Plaintiffs alleged demotion to the Human Resources Flight. First, in the early summer of 2011, Plaintiff reviewed co-worker Craig Whitaker’s “career brief’—the official employment transcript setting forth Whitaker’s work history—and discovered Whitaker had not received credit for cer
Second, in August of 2011, one of Plaintiffs supervisees, David Wynn, filed an EEO complaint alleging Plaintiff discriminated against him based on his race and physical limitations.
In addition, Defendants believed Plaintiffs performance began to decline aromad this time. Garrett observed that six of Plaintiffs vocational students occasionally had no work to do and concluded Plaintiff inactively supervised his Flight.
Filially, during 2011, the Human Resources Flight had Several vacancies. According to the Human Resources Flight Manager (“HR Manager”), “a big turnover of first-level supervisors occurred between 2010 and 2011.”
On January 4, 2012, Garrett transferred Plaintiff to the Human Resources Flight. Garrett told Plaintiff he inactively supervised his Flight, leaked privileged information to his supervisees, and “walk[ed] the line” between management and the work force.
By the end of January, Plaintiff began working as a supervisor in the Human Resources Flight. Although his title, compensation, series, and grade remained the same, Plaintiff felt humiliated as a result of what he deemed a demotion.
On March 7,2012, Plaintiff filed an EEO complaint alleging Defendants unlawfully demoted him due to his age and in retaliation for helping Whitaker file his EEO complaint. Three years later, the Department of the Air Force issued a Final Agency Decision finding no discrimination, and Plaintiff timely filed this action on June 1, 2015.
DISCUSSION
I. Retaliation Claim
Plaintiff first claims Defendants unlawfully demoted him from the Production Flight to the Human Resources Flight in retaliation for assisting with Craig Whitaker’s EEO complaint.
Construing the evidence in Plaintiffs favor, the Court will assume, without deciding, Plaintiff can establish a prima facie case; that is, (1) Plaintiff engaged in a protected activity by helping prepare Whitaker’s EEO complaint; (2) Plaintiffs transfer was a demotion and therefore constituted an adverse action; and (3) the two events are causally related.
Even assuming Plaintiff can establish a prima facie case, however, he cannot establish but-for causation or pretext. To establish but-for causation, Plaintiff must prove “the desire to retaliate was the ‘but-for’ cause of [his demotion].”
Moreover, Plaintiff cannot establish pretext. Defendants give three legitimate, non-retaliatory reasons for demoting Plaintiff: (1) Plaintiffs discrimination against his supervisee David Wynn; (2) Plaintiffs unsatisfactory performance in the Production Flight; and (3) Defendants’ need to fill vacancies in the Human Resources Flight with experienced supervisors.
To establish pretext,' Plaintiff must demonstrate Defendants’ proffered reasons were not the real reasons for his demotion.
Plaintiff contends each of Defendants’ three reasons for the demotion is unworthy of credence. First, Plaintiff argues the record is devoid of any evidence he discriminated against Wynn. The inquiry into pretext, however, “centers on the employer’s beliefs, not the employee’s beliefs and, to be blunt about it, not on reality as it exists outside of the decision maker’s head.”
Second, Plaintiff argues his supervisors did not honestly believe his performance was unsatisfactory because he never received a performance evaluation in October 2011. This argument, however, misses the mark. The fact Plaintiffs supervisors waited until his demotion to inform him of his unsatisfactory performance has no relevance to whether they believed his performance was unsatisfactory.
Third, Plaintiff contends his demotion violated customary procedures for filling vacancies. Although Plaintiff admits no standard process or procedure governs the transfer of a supervisor, he relies on a 1995 memorandum setting forth the transfer procedures for unionized employees.
II. Age Discrimination Claim
Plaintiff also originally alleged Defendants violated the ADEA by demob-
CONCLUSION
For the reasons set forth above, Defendants’ Motion for Summary Judgment [Doc. 18] is GRANTED.
SO ORDERED, this 17th day of March, 2017.
. Fed. R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct 2505, 91 L.Ed.2d 202 (1986).
. See id. at 249-52.
. See id. at 254-55; Welch v. Celotex Corp., 951 F.2d 1235, 1237 (11th Cir. 1992).
. Celotex, 477 U.S. at 323, 106 S.Ct. 2548 (internal quotation marks omitted).
. See Fed. R. Civ. P. 56(e); see also Celotex, 477 U.S. at 324-26, 106 S.Ct. 2548.
. Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir. 1991).
. PL Depo., pp. 24, 28-29 [Doc. 20].
. Id. at p. 56 (noting Whitaker filed his EEO claim in “early summer” of 2011).
. PI. declaration, p. 10 [Doc. 18-9, p. 4].
. PI. Depo., pp. 5-8 [Doc, 20]. The record contains some indication Whitaker alleged disability discrimination. [Doc. 18-9, p, 16], It is unclear when Whitaker filed his EEO complaint: Plaintiff alleges Whitaker filed it in the summer of 2011, but Defendants’ evidence suggests he filed the complaint in January, 2011, and it was closed in April 2011, for failure to pursue. See PL Depo, p. 61 [Doc. 20]; [Doc. 18-7, p. 21],
. Pi. Depo, p. 61 [Doc. 20]; [Doc. 18-9, p, 17].
. [Doc. 18-3, p. 99]. The Court recognizes this statement is hearsay, which a district court may consider in ruling on a motion for summary judgment, if the statement could be “reduced to admissible evidence at trial." Macuba v. Deboer, 193 F.3d 1316, 1323 (11th Cir. 1999): The Court will consider this statement because Plaintiff’s co-worker could testify at trial. Id. at 1323-24 (noting such a statement “might be admissible because it ,.. does not constitute hearsay”).
. PI. Depo, pp. 56-58 [Doc. 20],
. Garrett declaration, p. 5 [Doc. 18-9, p, 47]; PI. Depo,, pp. 57-58 [Doc, 20].
. PL Depo., p. 59 [Doc. 20],
. Id. at pp. 43-46; Garrett declaration, pp. 3-4 [Doc. 18-9, p. 45-46],
. Benboe declaration, p. 6 [Doc. 18-9, p. 70].
. Id.
. Garrett declaration, p. 5 [Doc. 18-9, p. 47].
. Id.
. PI. Depo., pp. 24, 59 [Doc. 20]; [Doc. 18-3] at 110.
. Pi. Depo., p. 24 [Doc, 20].
. Id. at pp; 54-55; Garrett declaration, p, 8 [Doc. 18-9, p. 50], The Government categorizes its employees by series and grade. Id.
. PL Depo., p, 28 [Doc. 20]; PL declaration, p. 2 [Doc. 18-9, p. 2],
. PÍ. Depo., p. 26 [Doc. 20], The swing shift lasted from 3:30 PM until midnight. Benboe declaration, p. 7 [Doc. 18-9, p. 71],
. PL Depo., pp. 26, 29-30, 38 [Doc. 20], See also Roberts declaration, p. 3 [Doc. 18-9, p. 77]
. Final Agency Decision [Doc. 18-3, pp. 39-51].
. Plaintiff brought suit under 5 U.S.C. § 2301 et seq., which sets forth merit system principles for federal personnel. Complaint [Doc. 1, p. 5]. In his Response to Defendants’ Motion for Summary Judgment, however, Plaintiff instead argues Defendants violated Title VII. PL Response [Doc. 24-1, pp. 4-5]. Hence, the Court will address Plaintiff's claim under Title VII.
. 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Brown v. Ala. Dep’t of Transp., 597 F.3d 1160, 1181 (11th Cir. 2010).
. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668. (1973); Goldsmith v. Bagby Elevator Co., 513 F.3d 1261, 1277 (11th Cir. 2008).
. Goldsmith, 513 F.3d at 1277.
. Id.
. Booth v. Pasco Cnty., Fla., 757 F.3d 1198, 1207 (11th Cir. 2014) (quoting Univ. of Tex. Sw. Med. Ctr. v. Nassar, — U.S. -, 133 S.Ct. 2517, 2528, 186 L.Ed.2d 503 (2013)).
. The Court presumes Plaintiff engaged in a protected activity despite the absence of any evidence in the record concerning the nature of Whitaker's EEO complaint, see 42 U.S.C. § 2000e-2(a) (prohibiting discrimination on the basis of race, color, religion, sex, or national origin), or the extent to which Plaintiff assisted Whitaker in filing his EEO complaint.
. Nassar, 133 S.Ct. at 2528.
. Again, the Court assumes for purposes of summary judgment only that Plaintiff both assisted Whitaker and that such assistance was a statutorily protected activity.
. See Raspanti v. Four Amigos Travel, Inc., 266 Fed.Appx. 820, 823 (11th Cir. 2008) (unpublished decision) (citing Thomas v. Cooper Lighting, Inc., 506 F.3d 1361, 1364 (11th Cir. 2007)).
. PI. Depo, pp. 25, 56 [Doc. 20].
. Id.
. See Harris v. Fla. Agency for Health Care Admin., 611 Fed.Appx. 949, 952 (11th Cir. 2015) (unpublished decision) (noting "[a] supervisor’s statement that the plaintiff failed to perform his job duties sufficiently does not constitute an adverse employment action when nothing ... indicates that the plaintiff was disciplined”).
. Garrett declaration, pp. 5-6, [Doc. 18-9, pp. 47-48]; Piyor declaration, p. 6 [Doc. 18-9; p. 61].
. Holifield v. Reno, 115 F.3d 1555, 1564 (11th Cir. 1997).
. Jackson v. Ala. State Tenure Comm’n, 405 F.3d 1276, 1289 (11th Cir. 2005).
. Combs v. Plantation Patterns, 106 F.3d 1519, 1538 (11th Cir. 1997) (internal quotations omitted).
. Id.
. Jackson, 405 F.3d at 1289; Silvera v. Orange County Sch. Bd., 244 F.3d 1253, 1258 (11th Cir. 2001).
. Alvarez v. Royal Atl. Developers, Inc., 610 F.3d 1253, 1266 (11th Cir. 2010).
. Holifield, 115 F.3d at 1565.
. Garrett Memo [Doc. 18-9, pp. 53-54]; Garrett declaration, p. 5 [Doc. 18-9, p. 47]; PI. Depo., pp. 57-58 [Doc. 20].
. See Wheatfall v. Bd. of Regents of Univ. System of Ga, 9 F.Supp.3d 1342, 1363 (N.D. Ga. 2014) (explaining although employer delayed terminating employee, employee’s “argument amounts to little more than quarreling with the correctness and timing of [employer’s] decision to fire her”).
. Pi. Depo, pp. 24, 59 [Doc. 20].
. Id. at p. 43-45 (explaining sometimes the Deputy Branch Chief completed the midterms, and sometimes he did not); Pryor declaration, pp. 4-5 [Doc. 18-9, pp. 59-60].
. PI. Response [Doc. 24-1, p. 10]; Reassignment Memorandum [Doc. 18-4, p. 28],
. PI. Depo., pp, 21-22 [Doc. 20]; Garrett declaration, p. 8 [Doc. 18-9, p. 50].
. Garrett declaration, p. 7 [Doc. 18-9, p. 49]; Pryor declaration, p. 6 [Doc. 18-9, p. 61]; Benboe declaration, p. 6 [Doc. 18-9, p. 70],
. PI. Depo., pp. 27-28 [Doc. 20].
. Benboe declaration, p. 6 [Doc. 18-9, p. 70],
. Resolution Trust Coup. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir. 1995). See also Brackin v. Anson, 585 Fed.Appx. 991, 994 (11th Cir. 2014) (noting abandonment occurs when a party makes no argument and cites to no legal authority).
. [Doc. 24-1] at 4.
Reference
- Full Case Name
- Robert R. RIGGIN, Jr. v. UNITED STATES of America, DEPARTMENT OF the AIR FORCE, and Deborah Lee James, Secretary of the Air Force
- Status
- Published