Jennifer Chavez v. Credit Nation Auto Sales, LLC

641 F. App'x 883
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 14, 2016
Docket14-14596
StatusUnpublished
Cited by14 cases

This text of 641 F. App'x 883 (Jennifer Chavez v. Credit Nation Auto Sales, 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
Jennifer Chavez v. Credit Nation Auto Sales, LLC, 641 F. App'x 883 (11th Cir. 2016).

Opinions

PER CURIAM:

In this Title VII case, Jennifer Chavez appeals from the grant of summary judgment to her former employer, Credit Nation Auto Sales, LLC (“Credit Nation”). Chavez, an auto mechanic, filed this lawsuit for sex discrimination and alleges she was terminated because she is a transgender person.

Title VII declares unlawful any “employment practice” that “discriminate[s] against any individual with respect to ... compensation terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l). Title VII forbids intentional employment discrimination predicated on any of the protected characteristics of race, color, religion, sex, or national origin. See Denney v. City of Albany, 247 F.3d 1172, 1182 (11th Cir.2001). Sex discrimination includes discrimination against a transgender person for gender nonconformity. Glenn v. Brumby, 663 F.3d 1312, 1316-17 (11th Cir.2011).

Chavez’s appeal may be distilled into three enumerations: that the district court erred in granting summary judgment by (1) deciding that she did not present direct evidence of discriminatory intent by Credit Nation in terminating her; (2) concluding that she did not establish a genuine issue of material fact regarding pretext pursuant to McDonnell Douglas to survive summary judgment on her sex discrimination claim; and (3) ruling that Chavez’s circumstantial evidence did not create triable issues as to whether her employer Credit Nation had discriminatory intent and whether that animus was “a motivating factor” in its terminating her. See 42 U.S.C. §§ 2000e-2(a)(l) and 2(m). Upon review of the record, consideration of the parties’ briefs, and after the benefit of oral argument, we affirm in part and reverse in part.

I. DIRECT EVIDENCE

In a Title VII case, a plaintiff may use either direct or indirect evidence to show that her employer discriminated against her because of her sex. Direct evidence is evidence that proves the existence of a discriminatory motive to terminate without inference or presumption. See Holland v. Gee, 677 F.3d 1047, 1054-55 (11th Cir.2012); Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1086 (11th Cir.2004). Indirect evidence is circumstantial evidence. Hamilton v. Southland Christian Sch., Inc., 680 F.3d 1316, 1320 (11th Cir.2012). Chavez argues that she has shown Credit Nation’s discriminatory intent by direct evidence.

Under our precedent, “only the most blatant remarks, whose intent could mean nothing other than to discriminate on the basis of some impermissible factor constitute direct evidence of discrimination.” Wilson, 376 F.3d at 1086 (quotation marks omitted). “If the alleged statement suggests, but does not prove, a discriminatory [885]*885motive, then it is circumstantial evidence.” Id.

None of Chavez’s evidence satisfies the exacting standard of direct evidence of a gender-discriminatory motive.1 On November 24, 2009, Chavez met with James Torchia, President of Credit Nation, about her gender transition. In support of her claim, Chavez relies primarily upon certain comments made by President Torchia during that meeting.

We conclude, however, that Torchia’s comments are not the kind of “blatant remarks whose intent could mean nothing other than to discriminate” that we require to qualify as direct evidence. Holland, 677 F.3d at 1055 (quotation marks omitted). Alternatively, in the district court, Chavez failed to object to the magistrate judge’s conclusion that she did not present any direct evidence.

Thus, we review Chavez’s case as a circumstantial evidence case. We outline the Title VII law about circumstantial evidence and then apply it to Chavez’s evidence.

II. CIRCUMSTANTIAL EVIDENCE

“There is more than one way to show discriminatory intent using indirect or circumstantial evidence.” Hamilton, 680 F.3d at 1320. “One way is through the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).” Id. (alterations added).

In Hamilton, this Court explained that another way is by “presenting circumstantial evidence that creates a triable issue concerning the employer’s discriminatory intent.” Id. (quoting Smith v. Lockheed-Martin Corp., 644 F.3d 1321, 1328 (11th Cir.2011)) (quotation marks and alterations omitted). “A triable issue of fact exists if the record, viewed in the light most favorable to the plaintiff, presents enough circumstantial evidence to raise a reasonable inference of intentional discrimination.” Id. If the plaintiff presents enough such evidence, “her claim will survive summary' judgment.” Id.

Similarly, in Lockheed-Martin, this Court emphasized that: “establishing the elements of the McDonnell Douglas framework is not, and never was intended to be, the sine qua non for a plaintiff to survive a summary judgment motion in an employment discrimination case.” 644 F.3d at 1328. “Rather, the plaintiff will always survive summary judgment if [she] presents circumstantial evidence that creates a triable issue concerning the employer’s discriminatory intent.” Id.; see also Holifield v. Reno, 115 F.3d 1555, 1562 (11th Cir.1997) (declaring that,, in cases where a plaintiff cannot establish a prima facie case, summary judgment only will be “appropriate where no other evidence of discrimination is present.” (emphasis removed)).

“[A] plaintiff may use ‘non-comparison circumstantial evidence to raise a reasonable inference of intentional discrimination’ and thereby create a triable issue.” Chap[886]*886ter 7 Tr. v. Gate Gourmet, Inc., 683 F.3d 1249, 1255 (11th Cir.2012) (quoting Hamilton, 680 F.3d at 1320); see also Lockheed-Martin, 644 F.3d at 1328. “Whatever form it takes, if the circumstantial evidence is sufficient to raise ‘a reasonable inference that the employer discriminated against the plaintiff, summary judgment is improper.’” Chapter 7, 683 F.3d at 1256 (quoting Lockheed-Martin, 644 F.3d at 1328); accord Hamilton, 680 F.3d at 1320.

Here, Chavez attempts to travel on both circumstantial-evidence routes to a jury trial.

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641 F. App'x 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-chavez-v-credit-nation-auto-sales-llc-ca11-2016.