Penaloza v. Target Corp.

549 F. App'x 844
Court of Appeals for the Eleventh Circuit·Decided October 31, 2013·No. No. 13-10446·Published·Cited by 22 cases

Opinion

PER CURIAM:

Anamaria Penaloza, proceeding pro se, appeals the summary judgment granted in favor of her employer, Target, on her claims of (1) pregnancy discrimination under Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act (PDA), and under the Florida Civil Rights Act (FCRA); (2) retaliation under Title VII; and (3) Family Medical Leave Act (FMLA) interference and retaliation. Ms. Penaloza also appeals the district court’s dismissal of her disability discrimination claim for failure to exhaust administrative remedies. We affirm.

I.

We review the grant of summary judgment de novo. Rioux v. City of Atlanta, Ga., 520 F.3d 1269, 1274 (11th Cir.2008). Summary judgment is proper if all the evidence on file, viewed in the light most favorable to the nonmoving party, shows there is “no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Id. (quoting the then-current Fed.R.Civ.P. 56(c)). The movant carries its burden by showing that there is an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the nonmoving party to go beyond the pleadings and to present evidentiary materials designating specific facts that show a genuine issue. Id. at 324, 106 S.Ct. 2548. When a nonmoving party’s response consists of nothing more than conclusory allegations, summary judgment is not only proper but required. Morris v. Ross, 663 F.2d 1032, 1034 (11th Cir.1981). A pro se plaintiff must still meet the essential burden of establishing that there is a genuine issue as to a fact material to her case. Holifield v. Reno, 115 F.3d 1555, 1561 (11th Cir.1997).

II.

The PDA amended Title VII by providing that the prohibition against sex discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions. Armstrong v. Flowers Hosp., Inc., 33 F.3d 1308, 1312 (11th Cir.1994). The analysis for a pregnancy discrimination claim is the same as for a Title VTI sex discrimination claim. Id. at 1312-13. The Title VII analysis also applies to FCRA claims. Harper v. Blockbuster, 139 F.3d 1385, 1389 (11th Cir.1998).

A plaintiff may prove discrimination through circumstantial evidence using the framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). First, the plaintiff must establish a prima facie case by showing that (1) she belongs to a protected class; (2) she was qualified to do the job; (3) she was subjected to an adverse employment action; and (4) her employer treated similarly situated employees outside her class more favorably. Crawford v. Carroll, 529 F.3d 961, 970 (11th Cir.2008).

Here, there is no dispute as to the first three elements. Ms. Penaloza was qualified for her job, was in a protected class (pregnant women), and suffered a number of adverse employment actions: (1) reduction in hours; (2) disciplinary action for alleged absences and late arrivals; and (3) termination for failing to return to work after a 14-week absence.

[847] The dispute here turns on the fourth element: whether Target treated similarly situated, non-pregnant employees more favorably. Ms. Penaloza has presented no evidence to satisfy this element. In particular, she has presented no evidence that (1) the number of hours assigned to any of her coworkers remained the same when her hours were reduced; (2) other employees whom Target accused of failing to call in absent before an unscheduled absence were treated differently than she; and (3) any other Target employee failed to return to work after a 14-week absence but retained a position at Target.

Because Ms. Penaloza failed to establish a prima facie case, there is no genuine issue of material fact to preclude summary judgment on Penaloza’s pregnancy discrimination claim.

III.

Ms. Penaloza also claims that Target terminated her in retaliation for filing a pregnancy discrimination charge with the Equal Employment Opportunity Commission (EEOC). Title VII prohibits an employer from retaliating against employees for engaging in protected activity. 42 U.S.C. § 2000e-3(a). In order to establish a prima facie case for retaliation, an employee must establish that (1) she engaged in a statutorily protected activity; (2) she suffered a materially adverse action; and (3) there was a causal relation between the protected activity and the adverse action. Goldsmith v. Bagby Elevator Co., 513 F.3d 1261, 1277 (11th Cir.2008). As to the last element, temporal proximity by itself can be enough to show causation; the events, however, must be “very close.” Thomas v. Cooper Lighting, Inc., 506 F.3d 1361, 1364 (11th Cir.2007). We have held, for example, that three months is not close enough, where there is no other evidence of a causal link. Id.

Target terminated Ms. Penaloza’s employment 14 weeks (over three months) after she filed an EEOC charge of discrimination. Ms. Penaloza offers no evidence other than the timing of the two events to establish a causal connection. Thus, she failed to satisfy the causation element of the prima facie case, and summary judgment was proper as to her retaliation claim.

IV.

The FMLA gives employees the right to 12 weeks of unpaid leave due to the birth of a child or for a serious health condition that makes the employee unable to work. 29 U.S.C. § 2612(a)(1). The FMLA does not require that employers provide more leave than the FMLA’s 12-week entitlement. McGregor v. AutoZone, Inc., 180 F.3d 1305, 1307-08 (11th Cir.1999).

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Penaloza v. Target Corp., 549 F. App'x 844 (11th Cir. 2013).

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