Mitchell v. City of LaFayette

504 F. App'x 867
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 28, 2013
DocketNo. 12-12556
StatusPublished
Cited by9 cases

This text of 504 F. App'x 867 (Mitchell v. City of LaFayette) 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
Mitchell v. City of LaFayette, 504 F. App'x 867 (11th Cir. 2013).

Opinion

PER CURIAM:

Appellants Freddie Mitchell and Johnet-ta McSears appeal the district court’s grant of defendant City of LaFayette’s (“City”) motion for summary judgment in their employment discrimination suit under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 623(a)(1). On appeal, Mitchell and McSears argue that plaintiffs may establish a prima facie case of age discrimination in a reduction-in-force (“RIF”) context by showing that substantially younger employees either replaced them or were retained in the same position. They argue that, even if that showing was insufficient, they established a prima facie case by showing that they were more qualified than younger employees who were retained in the same positions they had occupied, that statistical evidence indicates that the protected class was disproportionately [869]*869harmed in the RIF, and that the person who decided which positions to terminate, Johnnie Arnold, harbored ageist stereotypes.

Mitchell and McSears further argue that City’s proffered legitimate, nondiscriminatory reason for their terminations — eliminating positions to avoid unnecessary expenditures — was insufficient, because in an RIF case an employer must explain why the specific plaintiff was chosen for termination. They argue that a reasonable jury could find that Arnold did not actually believe his assertion that Mitchell and McSears worked less than one-quarter of the time for which they were paid, based on the conflicts within Arnold’s testimony and contradictory testimony by their department supervisors. They further assert that their statistical evidence and their evidence that Arnold harbored ageist stereotypes also show that Arnold’s stated reasons were a pretext for age discrimination.

I.

We review de novo a district court’s grant of summary judgment and must view all of the evidence and make reasonable inferences from the evidence in favor of the non-moving party. Chapman v. AI Transp., 229 F.3d 1012, 1028 (11th Cir.2000) (en banc). Summary judgment is appropriate if the movant shows that no genuine issue of material fact exists, and that it is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). The moving party bears the burden of demonstrating that no genuine issue of material fact exists, see Brooks v. Cnty. Comm’n, 446 F.3d 1160, 1162 (11th Cir.2006), although the non-moving party must make a sufficient showing on each essential element of his ease for which he has the burden of proof, see Celotex Corp. v. Catrett, 417 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). “A ‘mere scintilla’ of evidence supporting the opposing party’s position will not suffice.” Brooks, 446 F.3d at 1162 (internal quotations marks omitted)'.

II.

The ADEA prohibits employers from discharging an employee who is at least 40 years of age because of that employee’s age. 29 U.S.C. §§ 623(a)(1), 631(a). Absent direct evidence of discrimination, we have applied the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973), when evaluating discrimination claims under the ADEA. See Chapman, 229 F.3d at 1024. The Supreme Court in Gross v. FBL Fin. Servs., Inc., held that, to establish a disparate-treatment claim under the ADEA, a “plaintiff must prove by a preponderance of the evidence ... that age was the ‘but-for’ cause of the challenged employer decision.” 557 U.S. 167, 177-78, 129 S.Ct. 2343, 2351, 174 L.Ed.2d 119 (2009); see also Mora v. Jackson Mem’l Found., Inc., 597 F.3d 1201, 1204 (11th Cir.2010) (noting, in our only published opinion interpreting Gross, that “an ADEA plaintiff must establish ‘but for’ causality” and that “the employer either acted ‘because of the plaintiffs age or it did not”). Even so, the Supreme Court expressly reserved the question of whether the evi-dentiary framework of McDonnell Douglas is appropriate in the ADEA context. Gross, 557 U.S. at 175 n. 2, 129 S.Ct. at 2349 n. 2. Since the Supreme Court did not explicitly overrule our precedent in applying the McDonnell Douglas test to ADEA cases involving circumstantial evidence, we will review Mitchell’s and McSears’s claims under both McDonnell Douglas and Gross. See Gandara v. Bennett, 528 F.3d 823, 829 (11th Cir.2008) (explaining that “we are bound by the holdings of earlier panels [870]*870unless and until they are clearly overruled en banc or by the Supreme Court”) (quoting Swann v. S. Health Partners, Inc., 388 F.3d 834, 837 (11th Cir.2004)).

Applying the McDonnell Douglas framework, a plaintiff may establish a pri-ma facie case for an ADEA violation by demonstrating that: (1) he was a member of a .protected class; (2) he was subjected to an adverse employment action; (3) he was qualified to do the job; and (4) he was replaced by or otherwise lost a position to a younger individual. Chapman, 229 F.3d at 1024. We have modified the plaintiffs prima facie burden where he was terminated as part of an RIF, such that the plaintiff must make a showing that: (1) he was in a protected age group; (2) he was adversely affected by an employment decision; (3) he was qualified for his current position or to assume another position at the time of discharge; and (4) the evidence could lead a factfinder reasonably to conclude that the employer intended to discriminate on the basis of age. Smith v. J. Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003); see also Rowell v. Bell-South Corp., 433 F.3d 794, 798 (11th Cir. 2005). The variant test alters the fourth prong of the McDonnell Douglas test, that a person outside the protected class replaced the plaintiff, because, in RIFs, employers rarely seek replacements for the discharged employee. See Mauter v. Hardy Corp., 825 F.2d 1554, 1557 (11th Cir.1987).

In order to satisfy the last prong, the plaintiff must produce some evidence that the employer did not treat him neutrally with respect to his age, but, instead, discriminated based upon it. See Rowell, 433 F.3d at 798.

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Bluebook (online)
504 F. App'x 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-city-of-lafayette-ca11-2013.