Crawford v. City of Fairburn

479 F.3d 774, 2007 U.S. App. LEXIS 3748, 89 Empl. Prac. Dec. (CCH) 42,705, 99 Fair Empl. Prac. Cas. (BNA) 1405, 2007 WL 519061
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 21, 2007
DocketNo. 06-13073
StatusPublished
Cited by2 cases

This text of 479 F.3d 774 (Crawford v. City of Fairburn) 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.

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Crawford v. City of Fairburn, 479 F.3d 774, 2007 U.S. App. LEXIS 3748, 89 Empl. Prac. Dec. (CCH) 42,705, 99 Fair Empl. Prac. Cas. (BNA) 1405, 2007 WL 519061 (11th Cir. 2007).

Opinion

PRYOR, Circuit Judge:

This appeal requires us to decide whether Daniel Crawford participated in an investigation by the Equal Employment Opportunity Commission when he conducted an in-house investigation of a fellow police officer’s complaint of sexual harassment and reported his findings to his employer. The EEOC began its investigation of an earlier complaint by the officer nearly a year before Crawford opened his investigation of the officer’s later complaint, and the EEOC issued a letter of determination regarding the earlier complaint before Crawford completed his investigation of the later complaint. Based on that chronology, Crawford’s employer, the City of Fairburn, Georgia, argues that Crawford did not participate in the EEOC investigation and failed to establish a prima facie case of retaliation in violation of the participation clause of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). We agree with the City and affirm the summary judgment against Crawford’s complaint.

I. BACKGROUND

We describe the facts based on a review of the evidence in the light most favorable to Crawford. In September 2002, Officer Louise Tallman of the Fairburn Police Department filed an internal complaint of sexual harassment against Sergeant James Smith. In December 2002, Tallman filed an EEOC charge against the City that alleged age and sex discrimination based on Smith’s alleged harassment.

In March 2003, the City hired Crawford to serve in its Police Department as a Major in the administration of Chief of Police Frederick Brown. Both men were hired to address pervasive problems of management and morale. Crawford oversaw the operations of the Department, including personnel matters and internal affairs investigations.

In November 2003, Tallman filed another internal complaint against Smith. Tall-man alleged a second incident of sexual harassment that she believed occurred in response to her still-unresolved 2002 complaint. Crawford began investigating the complaint, and he added to his investigation allegations of insubordination, failure to support the Department, and engaging in gossip and rumors.

On December 11, 2003, the EEOC issued a letter of determination regarding Tallman’s charge filed in 2002. The EEOC found that it was more likely than not that Tallman experienced sexual harassment. The EEOC did not address Tallman’s second complaint, because Tall-man had not filed a charge with the agency regarding that matter.

Later in December 2003, Crawford met with Chief Brown, the City Administrator, and City attorneys to discuss his investigation of Smith. The City Attorney asked the EEOC to delay conciliation for Tallman’s 2002 complaint until Crawford completed his investigation. In another [776]*776meeting later that month, the City Administrator told Crawford that it was Crawford’s fault that the EEOC was investigating the City, Crawford had “opened up a can of worms,” and Crawford’s investigation was “going to get the City sued.”

On January 22, 2004, Crawford submitted the report of his investigation to Chief Brown. The one-page report stated findings of internal violations such as insubordination, failure to support the Department, and gossip; a finding of no violation with respect to the complaint of a hostile work environment; a finding of no violation with respect to Tallman’s 2002 complaint of verbal harassment; and a finding that the 2003 incident, although intimidating, was not sexual harassment. The City Administrator and City Clerk read the report and concluded that the investigation had found no evidence of unlawful discrimination or harassment. The City Attorney then informed the EEOC that the investigation was complete and there had been no findings of Title VII violations against Tallman. Crawford’s report and supporting documents were never submitted to the EEOC.

By the end of 2003, the City had become dissatisfied with Crawford’s performance. Crawford had created a new traffic enforcement unit within the Department, and its occasional patrolling of Interstate 85 proved unpopular with the City Administrator. Crawford was also involved with the termination, reinstatement, and resignation of a disgruntled police dispatcher in December 2003. In February 2004, the Mayor and City Council took interest in the alleged problems with scheduling, un-derstaffing, and morale in the dispatch department. The City Administrator then raised several of his concerns about the Police Department, including staff discontent, unfair scheduling practices, poor management, and poor communication with the City — but not including the sexual harassment allegations — and recommended that Crawford be terminated, and the Council agreed. The Administrator explained to Chief Brown that Crawford would be terminated because of the problems involving the patrolling of Interstate 85, the dispatchers, overtime pay, and the accuracy of the investigation of Tallman’s complaints. Chief Brown told Crawford that the termination was based on the accuracy of the Tallman investigation, the Interstate 85 controversy, and the problems with the dispatcher. Brown allowed Crawford to resign on February 27, 2004.

After his resignation, Crawford filed an EEOC charge, and the EEOC issued a notice of right to sue. Crawford sued the City and complained that the City had retaliated against him for conducting the Tallman investigation. The City moved for summary judgment. The district court concluded that Crawford had engaged in protected activity but failed to establish that the legitimate, nondiscriminatory reasons for Crawford’s termination proffered by the City were pretextual. The district court granted summary judgment for the City.

II. STANDARD OF REVIEW

We review a grant of summary judgment de novo and view the evidence in the light most favorable to the nonmoving party. Brooks v. County Comm’n, 446 F.3d 1160, 1161-62 (11th Cir.2006). Summary judgment should be granted if “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 a judgment as a matter of law.” Fed. R.Civ.P. 56(c).

[777]*777III. DISCUSSION

To resolve this appeal, we must first address whether Crawford established a prima facie case of retaliation under Title VII of the Civil Rights Act of 1964. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). To have established prima facie retaliation, Crawford must have demonstrated that (1) he engaged in statutorily protected expression, (2) he experienced an adverse employment action, and (3) there was a causal link between the protected expression and the adverse action. Goldsmith v. City of Atmore, 996 F.2d 1155, 1163 (11th Cir.1993). If Crawford failed to establish a prima facie case, then we need not address the nondiscriminatory reasons proffered by the City.

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Related

Daniel Crawford v. City of Fairburn, Georgia
482 F.3d 1305 (Eleventh Circuit, 2007)

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479 F.3d 774, 2007 U.S. App. LEXIS 3748, 89 Empl. Prac. Dec. (CCH) 42,705, 99 Fair Empl. Prac. Cas. (BNA) 1405, 2007 WL 519061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-city-of-fairburn-ca11-2007.