Cleveland v. Secretary of the Treasury

407 F. App'x 386
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 4, 2011
Docket10-12557
StatusUnpublished

This text of 407 F. App'x 386 (Cleveland v. Secretary of the Treasury) 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
Cleveland v. Secretary of the Treasury, 407 F. App'x 386 (11th Cir. 2011).

Opinion

PER CURIAM:

Appellant Thomas Cleveland appeals from the district court’s grant of the Treasury Department’s motion for summary judgment on his age discrimination and retaliation claims under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 633a(a). On appeal, Cleveland argues that he produced sufficient evidence to show that the Department’s failure to promote him was a pretext for unlawful discrimination because, he showed that his qualifications were superi- or to those of the individual selected for the promotion. He also contends that the district court erred in failing to consider his retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a).

We review a trial court’s grant of a motion for summary judgment de novo, “viewing the record and drawing all reasonable inferences in the light most favorable to the non-moving party.” HR Acquisition I Corp. v. Twin City Fire Ins. Co., 547 F.3d 1309, 1313-14 (11th Cir.2008) (quoting Patton v. Triad Guar. Ins. Corp., 277 F.3d 1294, 1296 (11th Cir.2002)). Summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

The ADEA prohibits various federal agencies from discriminating against employees based on age. 29 U.S.C. § 633a(a). The ADEA also prohibits retaliation against federal employees who complain of age discrimination. Gomez-Perez v. Potter, 553 U.S. 474, 491, 128 S.Ct. 1931, 1943, 170 L.Ed.2d 887 (2008). Title VII prohibits employers from discriminating against employees for engaging in activity protected under the statute. 42 U.S.C. § 2000e-3(a). Specifically, it prohibits discrimination because an employee “opposed any practice made an unlawful employment practice by [Title VII], or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII].” Id.

We evaluate ADEA age-discrimination claims that are based on circumstantial evidence under the McDonnell Douglas burden-shifting framework. Chapman v. AI Transp., 229 F.3d 1012, 1024 (11th Cir.2000). We also analyze Title VII retaliation cases under the McDonnell Douglas framework. Brown v. Ala. Dep’t of Transp., 597 F.3d 1160, 1181 (11th Cir.2010). “First, the plaintiff must establish a prima facie case, which raises a pre *388 sumption that the employer’s decision was more likely than not based on an impermissible factor.” Richardson v. Leeds Police Dep’t, 71 F.3d 801, 805 (11th Cir.1995). A plaintiff may establish a prima facie case for an ADEA violation “by showing that he (1) was a member of the protected age group, (2) was subjected to adverse employment action, (3) was qualified to do the job, and (4) was replaced by or otherwise lost a position to a younger individual.” Chapman, 229 F.3d at 1024. To establish a prima facie case for retaliation under Title VII, the plaintiff must show that “(1) he engaged in statutorily protected expression; (2) he suffered an adverse employment action; and (3) there is some causal relation between the two events.” Pennington v. City of Huntsville, 261 F.3d 1262, 1266 (11th Cir.2001).

Once the plaintiff establishes his prima facie case, the burden shifts to the defendant-employer to articulate a legitimate, non-discriminatory reason for its action. Richardson, 71 F.3d at 805. If the employer carries this burden, the plaintiff must persuade the trier of fact that the employer’s proffered reasons are a pretext for discrimination. Id. at 806. To avoid summary judgment, a plaintiff need not show by a preponderance of the evidence that the reasons stated were pretext, but must place material facts at issue. Hairston v. Gainesville Sun Pub. Co., 9 F.3d 913, 921 (11th Cir.1993). A plaintiff cannot prove pretext simply by showing that he was better qualified than the person who received the coveted position. Springer v. Convergys Customer Mgmt. Grp. Inc., 509 F.3d 1344, 1349 (11th Cir.2007). Instead, he must show “that the disparities between the successful applicant’s and his own qualifications were of such weight and significance that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff.” Id. (internal quotation marks omitted).

Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 1966, 167 L.Ed.2d 929 (2007). The purpose of this requirement “is to give the defendant fair notice of what the claim is and the grounds upon which it rests.” Davis v. Coca-Cola Bottling Co. Consol, 516 F.3d 955, 974 (11th Cir.2008) (internal quotation marks omitted). “Factual allegations must be enough to raise a right to relief above the speculative level” and must be sufficient “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 555, 570, 127 S.Ct. at 1965, 1974. The rule in Twombly applies to all civil actions. Ashcroft v. Iqbal, 556 U.S. -, 129 S.Ct. 1937, 1953, 173 L.Ed.2d 868 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at -, 129 S.Ct. at 1949.

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Related

Janet G. Patton v. Triad Guaranty Insurance Co.
277 F.3d 1294 (Eleventh Circuit, 2002)
Springer v. Convergys Customer Management Group Inc.
509 F.3d 1344 (Eleventh Circuit, 2007)
Davis v. Coca-Cola Bottling Co. Consolidated
516 F.3d 955 (Eleventh Circuit, 2008)
HR Acquisition I Corp. v. Twin City Fire Insurance
547 F.3d 1309 (Eleventh Circuit, 2008)
Brown v. Alabama Department of Transportation
597 F.3d 1160 (Eleventh Circuit, 2010)
Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Gomez-Perez v. Potter
553 U.S. 474 (Supreme Court, 2008)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
John D. Chapman v. Ai Transport
229 F.3d 1012 (Eleventh Circuit, 2000)

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Bluebook (online)
407 F. App'x 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-v-secretary-of-the-treasury-ca11-2011.