Cara Hankinson v. Thomas County School System

257 F. App'x 199
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 3, 2007
Docket07-11948
StatusUnpublished
Cited by2 cases

This text of 257 F. App'x 199 (Cara Hankinson v. Thomas County School System) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cara Hankinson v. Thomas County School System, 257 F. App'x 199 (11th Cir. 2007).

Opinion

PER CURIAM:

Cara Hankinson filed a complaint in the district court alleging that she was fired from her position as varsity softball coach at Thomas County High School based on her sex, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2. She later amended her complaint alleging that even though the softball and baseball coaching positions were substantially similar, she was paid less than the male baseball coach, in violation of the Equal Pay Act (“EPA”), 29 U.S.C. § 206(d). Hankinson, through counsel, appeals the district court’s grant of summary judgment on both of these claims in favor of her employer, Thomas County School System (“Thomas County”).

I. BACKGROUND

Hankinson coached the high school girls softball team from 2000 to 2003. In 2002, Thomas County administrators began receiving complaints about her performance as a coach. On January 29, 2003, she was advised in writing by administrators of her need to improve her performance; the letter outlined specific behaviors for Hankinson to avoid, such as making disparaging remarks about the players. As a result of the complaints and pressure from several board members whose relatives were on the softball team, Hankinson was fired in late 2003. She claims that (1) she was fired because of her sex .and (2) she received a lower salary than the male baseball coach because she is female.

The district court granted summary judgment for Thomas County on Hankinson’s EPA and Title VII claims. She appeals.

II. STANDARD OF REVIEW

“We review the district court’s grant of summary judgment de novo, applying the same legal standards that bound the district court, and ‘viewing all facts and reasonable inferences in the light most favorable to the nonmoving party.’ ” Cruz v. Publix Super Mkts., Inc., 428 F.3d 1379, 1382 (11th Cir.2005) (quoting Strickland v. Water Works and Sewer Bd. of Birmingham, 239 F.3d 1199, 1203 (11th Cir.2001)). Summary judgment is appropriate where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

III. DISCUSSION

A. Equal Pay Act

An employee establishes a prima facie case of an EPA violation “by showing that the employer paid employees of opposite genders different wages for equal work for jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions.” Steger v. Gen. Elec. Co., 318 F.3d 1066, 1077-78 (11th Cir.2003) (internal quotation marks omitted) (quoting Irby v. Bittick, 44 F.3d 949, 954 (11th Cir.1995)). The jobs need only be “substantially similar,” and when comparing them we focus “solely on the primary duties of each job, not duties that are incidental or insubstantial, and, although formal job titles or de *201 scriptions may be considered, the controlling factor ... must be actual job content.” Arrington v. Cobb County, 139 F.3d 865, 876 (11th Cir.1998) (internal quotation marks omitted).

Once a prima facie case is established, to avoid liability the employer must prove that the pay differential is justified by one of four exceptions: “(i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.” Irby, 44 F.3d at 954 (internal quotation marks omitted) (quoting 29 U.S.C. § 206(d)(1)). The employer’s burden at this point is a heavy one; these exceptions constitute affirmative defenses and must be proved by a preponderance of the evidence. Mulhall v. Advance Sec., Inc., 19 F.3d 586, 590-91 (11th Cir.1994).

The district court found that Hankinson was unable to establish a prima facie case under the EPA. In granting summary judgment for Thomas County on this ground, the district court necessarily found that Hankinson failed to raise a genuine issue of material fact as to whether coaching softball was substantially similar to coaching baseball.

In Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518 (11th Cir.1992), we considered the issue of whether a female plaintiff and her male coworker, who were both employed as buyers for a grocery store, had substantially similar jobs for purposes of the EPA. Id. at 1524. The parties agreed that the male was initially responsible for ordering more products, more often, but they disagreed as to whether the overall responsibilities were substantially equal. Id. The district court granted summary judgment for the employer, but we reversed, holding that there was a genuine issue of material fact as to the similarity of the jobs because reasonable minds could differ on the inferences arising from the undisputed facts. Id. at 1534.

Here, Hankinson conceded that there were certain differences between the softball and baseball teams, for example: the baseball team played a total of thirteen more games than the softball team, the baseball team had five to ten more players than the softball team, and baseball games tended to run longer than softball games. On the other hand, Hankinson also produced evidence that the baseball coach had more qualified assistants than she did, offsetting these differences. Because reasonable minds could differ as to whether the two positions were substantially similar, a genuine issue of material fact exists. See id. Moreover, the parties raise genuine issues of fact as to whether field maintenance and generation of revenue were primary duties of the baseball coach. Such a distinction is material because, to the extent that they were not primary duties, it was improper for the district court to consider them in determining whether the two coaching positions were substantially similar. See id. at 1533.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
257 F. App'x 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cara-hankinson-v-thomas-county-school-system-ca11-2007.