Drake-Sims v. Burlington Coat Factory Warehouse of Alabama, Inc.

330 F. App'x 795
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 20, 2009
Docket08-13618
StatusUnpublished
Cited by4 cases

This text of 330 F. App'x 795 (Drake-Sims v. Burlington Coat Factory Warehouse of Alabama, Inc.) 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
Drake-Sims v. Burlington Coat Factory Warehouse of Alabama, Inc., 330 F. App'x 795 (11th Cir. 2009).

Opinion

PER CURIAM:

Willie Drake-Sims (“Drake-Sims”), an African-American, appeals the district court’s grant of summary judgment in favor of her former employer, Burlington Coat Factory of Alabama, L.L.C. (“BCF”), on her claims of discrimination and retaliation brought under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e-2(a), 3(a). BCF cross-appeals that portion of the district court’s order requiring each party to bear its own costs. Upon careful review of the record and consideration of the parties’ briefs, we AFFIRM the district court’s entry of summary judgment for BCF on Drake-Sims’ discrimination and retaliation claims. We VACATE that aspect of the district court’s order requiring each party to bear its own costs and REMAND for further explanation as to why the court denied an award of costs, or, alternatively, for an award of costs in favor of BCF.

I. BACKGROUND

In 2007, Drake-Sims filed a Third Amended Complaint against BCF alleging that BCF: (1) discriminated against her on the basis of her race when it failed to promote her to the position of store manager, paid her a salary that was lower than the salary it paid to similarly situated white employees, and terminated her employment; and (2) BCF retaliated against her for complaining about discriminatory practices when it gave her poor job per *797 formance evaluations, failed to promote her, and terminated her employment. Drake-Sims requested various forms of declaratory and injunctive relief as well as monetary damages.

BCF answered, denying the allegations in the complaint and asserting several affirmative defenses. Following discovery, BCF moved for summary judgment. In support of its motion, BCF submitted, inter alia, depositions from Drake-Sims; Todd Brawner, BCF’s former regional manager; Richard Lange, BCF’s former district manager; and two BCF assistant managers, Ann Marie Kearby and Laurie Ann Bardin. BCF also submitted affidavits from Kearby, Bardin, and Brawner.

In her deposition, Drake-Sims testified that she began working for BCF in 1989 as a sales associate at the company’s Hoover, Alabama store. In 1998, she was promoted to operations manager of BCF’s Crest-wood Boulevard store in Eastwood, Alabama (“Crestwood store”). She testified that as operations manager of the Crest-wood Store, she was paid less than Kearby and Bardin, the two white assistant managers of merchandising at the Hoover store. 1 According to Drake-Sims, because she and Kearby and Bardin all held assistant positions, they shared equal responsibilities and should have received the same pay. Id. In March 2004, Drake-Sims filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging that she was being paid “substantially less than a similarly situated White employee” because of her race. 2

When Beverly Knight, the manager of the Crestwood store, left the company in August 2004, Drake-Sims served as acting store manager while BCF searched for Knight’s replacement. Although Drakes-Sims submitted an application for the store manager position, Lange, who was tasked with filling the vacant Crestwood store manager position soon after being hired by BCF in 2004 as a district manager, selected Holly McGee, a white woman who previously had worked as an assistant store manager at Dillard’s, to fill the vacancy. Lange testified that he conducted interviews with five external candidates but did not interview any of the in-house candidates, although he seriously considered Drake-Sims for the position. While Drake-Sims was knowledgeable about BCF’s operations, policies, and procedures, and had worked hard during her time as acting store manager, Lange noted that she often overlooked details, at times failed to follow company policies or respond to his direction and coaching, and had not acted with enough urgency in attempting to staff vacant positions in the store. With respect to her managerial skills, Lange indicated that while some employees at the Crestwood store were very loyal to Drake-Sims, others felt that her leadership was inconsistent and that she did not act in an even-handed fashion. Lange ultimately selected McGee based on her experience managing a high-volume *798 store during a period in which her company was going through significant changes and because she had good communication and problem-solving skills, was “persistent” and “adaptable,” and “had a lot of enthusiasm and a very positive attitude to the business.” Drake-Sims testified that she was nevertheless more qualified than McGee because she had been with BCF for a long period of time and was familiar with its policies and business objectives. She stated that McGee did a fair job but appeared to be overwhelmed during her time as store manager. On one occasion, McGee admitted to Drake-Sims that she had never run a store as large as the Crestwood store.

On 8 March 2005, Drake-Sims received a negative performance evaluation from Lange for the December 2008 to December 2004 evaluation period. With respect to Drake-Sims’ potential for advancement, Lange’s evaluation concluded that she “will probably remain at a similar level of responsibility.” Drake-Sims subsequently wrote a letter, dated 20 May 2005, to Judith Mascio, the director of BCF’s human resources department, and Wade Sea-le, the regional manager at the time, complaining that she had received “unjust and discriminatory treatment” during the hiring process for the Crestwood store manager position. She claimed that the decision not to interview or promote her was “based on past issues with Wade Seale” and listed several of her accomplishments during her tenure as acting store manager.

In her 8 July 2005 response, Mascio identified a number of problems with Drake-Sims’ job performance, including, inter alia, Drake-Sims’ “less than satisfactory attendance” and failure to follow the company’s human resources policies, to staff open positions, or to keep payroll within budget. Mascio also noted that Drake-Sims’ 2003-2004 year-end review, which gave her an overall score of “3— meets expectations” but rated her “needs improvement” in four out of eight categories, demonstrated that she was not “ready for the next level of responsibility,” and advised Drake-Sims that the decision not to hire her for the store manager position was “based on [her] performance and reliability” and had no “discriminatory basis.”

Some time in July or August, Brawner, Lange, and Seale held a meeting with Drake-Sims to discuss the concerns she had raised in her letter to Mascio. While Lange had read the letter and consulted with Mascio regarding its contents, he did not interpret it as suggesting that Drake-Sims had been discriminated against. According to both Brawner and Lange, Drake-Sims made no mention of any alleged race discrimination during the meeting. Drake-Sims testified, however, that she had had ongoing discussions with Quederra Shabazz, a BCF loss prevention auditor, about what she believed to be BCF’s racially discriminatory practices and that Shabazz indicated that she was aware of discrimination occurring at other BCF stores.

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Bluebook (online)
330 F. App'x 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drake-sims-v-burlington-coat-factory-warehouse-of-alabama-inc-ca11-2009.