Derrick Lucy v. Georgia Pacific Corrugated I, LLC

497 F. App'x 870
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 15, 2012
Docket12-10554
StatusUnpublished

This text of 497 F. App'x 870 (Derrick Lucy v. Georgia Pacific Corrugated I, LLC) 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
Derrick Lucy v. Georgia Pacific Corrugated I, LLC, 497 F. App'x 870 (11th Cir. 2012).

Opinion

PER CURIAM:

Derrick Lucy, an African-American male, appeals following the district court’s grant of summary judgment in favor of Georgia-Pacific Corrugated I, LLC (“Georgia-Pacific”) in his employment discrimination suit under Title VII and 42 U.S.C. § 1981. Lucy argues that the court erred by crediting Georgia-Pacific’s proffered reason for Lucy’s termination in light of the fact that, inter alia, the company failed to follow its own policy during a reduction in force (“RIF”) and retained white employees with less seniority. After thorough review, we affirm.

We review a district court’s grant of summary judgment de novo, applying the *871 same legal standard used by the district court. Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1242 (11th Cir.2001). We draw all factual inferences in a light most favorable to the non-moving party. Id. at 1243.

Summary judgment is appropriate where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The movant bears the burden of production. Fickling v. United States, 507 F.3d 1302, 1304 (11th Cir.2007). If the movant meets this burden, “the nonmoving party must present evidence beyond the pleadings showing that a reasonable jury could find in its favor.” Id. “Speculation does not create a genuine issue of fact.” Cordoba v. Dillard’s, Inc., 419 F.3d 1169, 1181 (11th Cir.2005) (quotation omitted). Likewise, a plaintiff cannot defeat summary judgment by relying upon conclusory allegations. See Holifield v. Reno, 115 F.3d 1555, 1564 n. 6 (11th Cir.1997).

Under Title VII, it is unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race.... ” 42 U.S.C. § 2000e-2(a)(l). Section 1981 of Title 42 provides that “[a]ll persons ... shall have the same right ... to make and enforce contracts ... to the full and equal benefit of all law and proceedings ... as is enjoyed by white citizens ...” 42 U.S.C. § 1981. Race discrimination claims under § 1981 have the same elements and requirements of proof as those under Title VII. See Chapter 7 Trustee v. Gate Gourmet, Inc., 683 F.3d 1249, 1256-58 (11th Cir.2012); Rice-Lamar v. City of Fort Lauderdale, Fla., 232 F.3d 836, 843 n. 11 (11th Cir.2000).

To evaluate claims based on circumstantial evidence of discrimination, a court may apply the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). If the plaintiff bears the burden of making out a prima facie case of discrimination, and the employer shows a legitimate, non-discriminatory reason for the termination, id. at 802-03, 93 S.Ct. 1817, the plaintiff must then offer evidence that the reason is pretextual, Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1087 (11th Cir.2004). Here, the district court concluded that Lucy established his prima facie case, and although Georgia-Pacific contests that conclusion in its brief, we need not consider those arguments because Lucy failed to demonstrate pretext.

To show pretext, a plaintiff must show that the employer’s offered reason was not the true reason for its decision, “either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” Jackson v. State of Ala. State Tenure Comm’n, 405 F.3d 1276, 1289 (11th Cir.2005) (quotation omitted). A plaintiff cannot successfully show pretext “by simply quarreling with the wisdom of that reason.” Chapman v. AI Transport, 229 F.3d 1012, 1030 (11th Cir.2000) (en banc). Moreover, the law is clear that the plaintiffs own evaluation and opinion is not a sufficient basis to establish pretext. Standard v. A.B.E.L. Servs., Inc., 161 F.3d 1318, 1332-33 (11th Cir.1998). Instead, a plaintiff must show pretext with “concrete evidence in the form of specific facts.” Bryant v. Jones, 575 F.3d 1281, 1308 (11th Cir.2009) (quotation omitted).

Here, the district court did not err by granting summary judgment on Lucy’s race discrimination claim. Lucy alleged *872 that he was terminated in a RIF that allowed “bumping” of employees whereby senior employees took the jobs of junior employees, until Lucy, a black employee who worked in Georgia-Pacific’s production department, was at the point of bumping a junior employee in its all-white maintenance department. At that point, says Lucy, the rules were changed and Lucy, who was qualified to take the position, was denied his bumping rights and terminated.

As the record shows, however, there was no indication that Randy Hunt, the Converting Superintendent at Georgia-Pacific’s Huntsville, Alabama, facility, was aware of any of Lucy’s maintenance experience when Lucy was laid off. Lucy’s application for Georgia-Pacific did not mention the three technical college courses he took, and did not include all of the tasks that he deemed maintenance-related that he performed at past jobs. The apparent lack of clarity regarding the qualifications required to work in the maintenance department did not detract from Hunt’s explanation that he never even considered Lucy going to the maintenance department, because Hunt did not know that Lucy had any maintenance-related qualifications. The record also shows that no other employee bumped into the maintenance department at that time, and that maintenance jobs, unlike other jobs in the plant, did not have to be internally posted, which set that department apart from the others.

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Related

Holifield v. Reno
115 F.3d 1555 (Eleventh Circuit, 1997)
Johnson v. Board of Regents of the University of Georgia
263 F.3d 1234 (Eleventh Circuit, 2001)
Loretta Wilson v. B/E Aerospace, Inc.
376 F.3d 1079 (Eleventh Circuit, 2004)
Rollen Jackson v. State of Alabama State Tenure
405 F.3d 1276 (Eleventh Circuit, 2005)
Lea Cordoba v. Dillard's Inc.
419 F.3d 1169 (Eleventh Circuit, 2005)
Fickling v. United States
507 F.3d 1302 (Eleventh Circuit, 2007)
Bryant v. CEO DeKalb Co.
575 F.3d 1281 (Eleventh Circuit, 2009)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
John D. Chapman v. Ai Transport
229 F.3d 1012 (Eleventh Circuit, 2000)
Rice-Lamar v. City Of Fort Lauderdale
232 F.3d 836 (Eleventh Circuit, 2000)
Chapter 7 Trustee v. Gate Gourmet, Inc.
683 F.3d 1249 (Eleventh Circuit, 2012)

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Bluebook (online)
497 F. App'x 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derrick-lucy-v-georgia-pacific-corrugated-i-llc-ca11-2012.