Lynne M. Gibson v. JetBlue Airways Corp.

CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 18, 2021
Docket20-10943
StatusUnpublished

This text of Lynne M. Gibson v. JetBlue Airways Corp. (Lynne M. Gibson v. JetBlue Airways Corp.) 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
Lynne M. Gibson v. JetBlue Airways Corp., (11th Cir. 2021).

Opinion

USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 1 of 19

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

____________________

No. 20-10943 Non-Argument Calendar ____________________

LYNNE M. GIBSON, Ph.D. f.k.a. Lynne M. Gleiber, Plaintiff-Appellant, versus JETBLUE AIRWAYS CORP.,

Defendant-Appellee. USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 2 of 19

2 Opinion of the Court 20-10943

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:18-cv-01742-WWB-EJK ____________________

Before LAGOA, BRASHER, and ANDERSON, Circuit Judges. PER CURIAM: Lynne Gibson appeals the district court’s grant of summary judgment in favor of JetBlue Airways Corp. (“JetBlue”) on her claims of race- and age-discrimination under 42 U.S.C. § 1981, the Florida Civil Rights Act (“FCRA”), and the Age Discrimination in Employment Act of 1967 (“ADEA”). For the reasons discussed be- low, we affirm the district court’s order. I. FACTUAL AND PROCEDURAL HISTORY In June 2015, JetBlue, a domestic and international airline carrier, hired Gibson, a Black female born in 1966, as a Senior Ana- lyst on its Assessment, Measurement, and Evaluation (“AME”) team and, according to Gibson, as a supervisor to junior-level ana- lysts. In offering her the position, JetBlue’s Manager of AME passed on two other applicants for the job—one who was white and another who was under the age of forty. Six JetBlue employees comprised the AME team: Therese Schmidt, the AME Manager who hired Gibson; Gibson, the sole senior analyst; Jennifer USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 3 of 19

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Carlson, Supervisor for Learning Analytics; and Lauren Kramer, Jessica Thompson, and Curran Merrigan, three junior-level ana- lysts. At the time of her hiring, Gibson was a highly accomplished academic, but she had never previously worked in the corporate world. As Senior Analyst, AME anticipated Gibson’s role to be in- dependent and with limited supervision. She was primarily respon- sible for developing curriculum on the effective use of data for Jet- Blue University, the company-run training school for pilots, flight crew, and other support staff. Early in her employment, however, she showed an inability to be self-sufficient and to make the pro- gress expected by the AME team. The record evidence includes a substantial amount of docu- mented deficient job-performance reviews by Schmidt and Jet- Blue’s Regional Manager of Crew Relations, Robin King. When Schmidt presented these issues at Gibson’s ninety-day performance review, Gibson appeared surprised and unaware of these issues. Shortly thereafter, Schmidt and Gibson met again to discuss her first few assignments, her failure to demonstrate the requisite and necessary skills for the job, her alleged lack of respect toward other AME team members, and her apparent unwillingness to take con- structive criticism. Schmidt memorialized the substance of the meeting by way of email, writing that she expected Gibson to im- prove her performance and providing Gibson examples of the de- ficient performance, with an opportunity to comment on those ex- amples. In this email, Schmidt also assigned Gibson an “Inflight USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 4 of 19

4 Opinion of the Court 20-10943

and Flight Key Driver Analysis” project and asked for it to be com- pleted within two weeks. Gibson acknowledged receipt of the email, admitted some errors in her work, and confirmed her un- derstanding of the assignment. Despite two follow-up reminders from Schmidt, including one on of the morning of the due date, Gibson did not submit the assignment on time. From late-October 2015 through mid-January 2016, 1 Gib- son’s job performance with AME was marred by her failure to ad- equately complete assignments, if at all, intervention meetings with Schmidt to discuss her deficiencies, and responses and follow- ups that AME understood as excuses. In mid-December 2015, Gib- son was assigned another analysis project for Jeff Kruse, JetBlue’s Director of Inflight and System Operations Training, concerning why students were failing JetBlue’s training program, where in the program they were failing, and how to solve these issues. Over the course of the month, Gibson sought direction from several individ- uals—so many, in fact, that Kruse and others expressed concern to Schmidt about the nature and frequency of her questions about the assignment. Gibson then presented her analysis and recommenda- tions on January 11, 2016, to Schmidt, Kruse, and other members of the team. Schmidt found the presentation exhibited the same deficiencies that she had identified for the past several months with Gibson’s work, i.e., a lack of attention to detail, difficulty

1 According to Gibson, she took a medical leave of absence from November 5, 2015, through December 2, 2015. USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 5 of 19

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presenting data visualization, and “a lack of advanced critical think- ing and analytical skills.” After missing deadlines or submitting unsatisfactory work on roughly four major projects over the course of six months, the Kruse project appears to have been Schmidt’s and King’s breaking point. Schmidt suspended Gibson’s employment on January 14, 2016. Twelve days later, Schmidt and King—with the approval of Schmidt’s supervisor—terminated Gibson’s employment. Gibson formally requested a post-termination review, which JetBlue per- formed. A JetBlue Regional Field Generalist reviewed and upheld Gibson’s termination, finding that she had a pattern of shifting blame to others and making excuses, among other things. On November 13, 2015, Gibson filed a charge of discrimina- tion with the Equal Employment Opportunity Commission pursu- ant to the ADEA, which issued Gibson a notice of right to sue on July 16, 2018. On October 15, 2018, Gibson filed this action in dis- trict court, alleging race- and age-discrimination under 42 U.S.C. § 1981, FCRA, and the ADEA. Gibson alleged that, despite what was supposed to be a supervisory position, AME never allowed her to supervise anyone—namely, the younger, all-white team of ana- lysts. She also contended that JetBlue gave her assignments with “vague instructions, missing data[,] and inappropriate analytical tools” and that, despite these disadvantages, she produced what they had asked her to produce. Following some preliminary motions and discovery, JetBlue moved for summary judgment, arguing that there was no genuine USCA11 Case: 20-10943 Date Filed: 11/18/2021 Page: 6 of 19

6 Opinion of the Court 20-10943

dispute of material fact that AME terminated Gibson for a legiti- mate, nondiscriminatory reason based solely on her performance and failure to meet AME’s expectations. First, Jet Blue argued that Gibson was not qualified for the Senior Analyst position, as she lacked some of the minimum and preferred experience qualifica- tions. Second, it argued that Gibson had not identified any simi- larly situated comparators, which the law requires for discrimina- tion claims. Gibson opposed JetBlue’s motion for summary judgment, arguing that “a convincing mosaic of circumstantial evidence” es- tablished that JetBlue’s stated reasons for terminating her were pre- textual. Moreover, she asserted that Schmidt chose her over the other two candidates simply to hire someone with her credentials and sabotaged her by rejecting her work. The district court granted JetBlue’s motion for summary judgment.

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