Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer's reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the proffered reasons to survive summary judgment.
A recent Eleventh Circuit decision illustrates that Plaintiffs in discrimination cases face a difficult path to trial. Hornsby-Culpepper pointed to the fact that male employees were given raises around the same time as when she was denied a raise and that her male predecessor was paid more despite being less qualified to show pretext. But, the court concluded that she was merely quibbling with defendant's business judgment and that none of her evidence sufficed to create an issue of fact as to pretext.
In Hornsby-Culpepper v. Ware, D.C. Docket No. 1:15-cv-00347-SCJ (Oct. 19, 2018), the Eleventh Circuit held that an employee's efforts to dispute her employer's non-discriminatory reason for terminating her were insufficient absent evidence that the reasons offered were false.
Avis Hornsby-Culpepper, an African-American woman, served as the Clerk of Court for the Fulton County Juvenile Court from 2009 to 2011. In April 2011, she was terminated. The County hired Edwin Bell, an African-American man, to replace Hornsby-Culpepper. Bell earned $90,000 annually, which was similar to Hornsby-Culpepper's salary at termination. In July 2012, the position became vacant.
Following a reduction in force, Omotayo Alli, Chief Administrative Officer for the court, submitted a request to hire a Clerk of Court. Interim County Manager David Ware approved Alli's hiring request at a salary of $71,172. Alli hired Hornsby-Culpepper for the position and told her that she would receive her prior salary. Alli requested that the salary for the position be supplemented from the "professional services" budget. Ware denied the request.
After the denial, Hornsby-Culpepper approached Ware. She asked him why her salary increase was denied when he previously paid Bell more despite him being less qualified. Ware responded that it was because she was previously terminated. Hornsby-Culpepper believed that he denied the request because she was an African-American woman. She filed an EEOC charge in 2013 and a subsequent complaint in 2015 alleging sex discrimination and Equal Pay Act violations.
In February 2015, Hornsby-Culpepper applied for an Associate Judge position with the court, but was not selected. She believed that this was because Ware was friends with Judge Lovett, who was on the selection panel. In May 2015, Hornsby-Culpepper was terminated from her position. Hornsby-Culpepper amended her complaint, claiming that her non-selection and termination were retaliation against her for filing suit.
After discovery, defendants moved for summary judgment. Defendants claimed that plaintiff's salary request was denied because the County Board of Commissions wanted Ware to stop supplementing salaries from non-salary budget items. Regarding plaintiff's non-selection, defendants explained that a more qualified candidate was selected. As to plaintiff's termination, defendants contended that she was terminated due to her performance as Clerk of Court. The district court found that plaintiff could not refute the offered reasons and granted the motion.
On appeal, plaintiff argued that defendant's reasons were pretextual. She claimed that Ware had increased salaries for white employees, that it was questionable whether the county wanted him to stop using non-salary budgetary items for salaries, and that her prior termination was an improper consideration because it was without cause. The Eleventh Circuit rejected plaintiff's contentions, explaining that she must do more than "merely dispute the wisdom of Ware's reasoning." Plaintiff also claimed that Ware was facing suit from other African-American women for sexual harassment, but the court declined to find those lawsuits to be a basis to infer discriminatory animus.
The court also rejected plaintiff's Equal Pay Act claims. Although plaintiff disagreed with Ware's reasons for paying her less, the court required her to show affirmative evidence that his reason was pretextual. As to plaintiff's retaliation claims, the court found that she had adduced no evidence that the panel's decision was retaliation due to Ware and Judge Lovett's friendship. The court found plaintiff's contentions surrounding her termination equally unpersuasive because plaintiff had failed to indicate evidence that contradicted Alli's position that plaintiff was not a good fit. Accordingly, the court affirmed the district court's decision.
Despite the evidence Hornsby-Culpepper produced, the court found that she had not met the quantum of evidence required to show pretext. In the Eleventh Circuit, the plaintiff's evidence must do more than simply undermine defendant's reasons, it must establish pretext itself.
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