Jackson v. Alabama Department of Corrections

643 F. App'x 889
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 22, 2016
DocketNo. 15-12441
StatusPublished
Cited by7 cases

This text of 643 F. App'x 889 (Jackson v. Alabama Department of Corrections) 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
Jackson v. Alabama Department of Corrections, 643 F. App'x 889 (11th Cir. 2016).

Opinion

PER CURIAM:

Sabrina Jackson, a former employee of the Alabama Department of Corrections, appeals from the district court’s grant of summary judgment in favor of the Alabama Department of Corrections (“the Department”), Leon Forniss, and Kim Thomas, (“the Defendants”), in her employment discrimination lawsuit alleging sexual harassment, racial discrimination, and retaliation, under Title VII, the Equal Protection Clause, the First Amendment, and 42 U.S.C. §§ 1981 and 1983. Jackson’s complaint alleged that she was sexually harassed by Forniss, the warden of the prison where she was employed, and then terminated for complaining about that harassment and the treatment of inmates at Tutwiler Prison for Women. Jackson, a black female, also alleged that she was terminated for being in an altercation with a white coworker, whereas black employees involved in altercations with other black employees were not terminated.

On appeal, Jackson argues that the district court erred in determining that the sexual harassment that she alleged was not sufficiently severe or pervasive to establish a claim for a hostile work environment, or sufficiently causally connected with her .termination to establish a claim for a tangible employment action. Jackson further argues that the district court erred in granting summary judgment on her retaliation and- discrimination claims because the record creates a genuine question of material fact as to whether the [891]*891Department’s proffered reason for her termination, namely, that Jackson was the aggressor in a physical altercation with a coworker, was pretextual.

We review the district court’s grant of summary judgment de novo, Williams v. BellSouth Telecom., Inc., 373 F.3d 1132, 1134 (11th Cir.2004). Summary judgment is appropriate if the movant shows that 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). A genuine factual dispute exists if the jury could return a verdict for the non-moving party. Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1085 (11th Cir.2004). Speculation does not create a genuine issue of fact. Cordoba v. Dillard’s, Inc., 419 F.3d 1169, 1181 (11th Cir.2005).

I.

Jackson first argues that the sexual harassment she faced was sufficiently frequent and severe to create a hostile working environment, and, even if it was not, she could establish a claim for sexual harassment under the theory of a tangible employment action. Because the elements and analysis of a sexual harassment claim is identical under Title VII and the Equal Protection clause, we jointly analyze both claims under the applicable Title VII law. See Hardin v. Stynchcomb, 691 F.2d 1364, 1369 n. 16 (11th Cir.1982)

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual with respect to her compensation, terms, conditions, or privileges of employment, because of such individual’s race or sex. 42 U.S.C. § 2000e-2(a)(1). Sexual harassment can constitute discrimination based on sex for purposes of Title VII. Johnson v. Booker T. Washington Broad. Serv., Inc., 234 F.3d 501, 508 (11th Cir.2000). Our cases describe that sexual harassment claims may arise in two forms: through a tangible employment action, such as a pay decrease, demotion, or termination, or through the creation of a hostile work environment caused by sexual harassment that is sufficiently severe or pervasive to alter the terms and conditions of employment. Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287, 1300 (11th Cir.2007).

To establish a sexual harassment claim based on a theory of hostile work environment, a plaintiff must show: (1) that she belongs to a protected group; (2) that she has been subject to unwelcome harassment; (3) that the harassment was based on a protected characteristic; (4) that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment; and (5) that the employer is responsible for such environment under either a theory of vicarious or direct liability. Johnson, 234 F.3d at 508.

Harassment is severe or pervasive for Title VII purposes only if it is both subjectively and objectively severe and pervasive. Id. at 509. Harassment is subjectively severe and pervasive if the complaining employee perceives the harassment as severe and pervasive, and harassment is objectively severe and pervasive if a reasonable person in the plaintiffs position would adjudge the harassment severe and pervasive. Id. In determining whether harassment is objectively severe or pervasive, courts consider the frequency of the conduct; the severity of the conduct; whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and whether the conduct unreasonably interferes with the employee’s job performance. Id.

[892]*892Termination will support a tangible employment action claim only if it was caused by discrimination. Baldwin, 480 F.3d at 1300. If the alleged harasser makes the decision to terminate, an inference arises that there is a causal link between the harasser’s discriminatory animus and the employment decision. Llampallas v. Mini-Circuits, Lab, Inc., 163 F.3d 1236, 1247 (11th Cir.1998). If the harasser was not the decisionmaker, the plaintiff cannot benefit from that inference of causation. See id. at 1248.

As the basis for her sexual harassment claim, Jackson alleges the following instances of harassment over the roughly three months that she worked with For-niss: (1) on three or four occasions, For-niss ordered her to sit near him after tightening his pants around his crotch, displaying the outline of his genitals; (2) 'on two occasions, Forniss stood close enough behind her while she was sitting at the computer that she could feel his breath on the back of her neck; and, (3) on about four occasions, he told her she looked good or smelled good.

On review of the record, drawing all reasonable inferences in the light most favorable to Jackson, the nonmoving party, we find that no reasonable jury could conclude that this conduct was sufficiently severe or pervasive to amount to a hostile work environment.

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Bluebook (online)
643 F. App'x 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-alabama-department-of-corrections-ca11-2016.