Peoples v. Florida Department of Children & Families

24 F. Supp. 2d 1268, 1998 U.S. Dist. LEXIS 17464, 1998 WL 767488
District Court, N.D. Florida·Decided September 30, 1998·No. No. 95-40200-RH·Published

Opinion

MEMORANDUM OPINION

HINKLE, District Judge.

In this action plaintiff Shilda Peoples asserts that on four separate occasions her employer denied her a promotion because of her race. Ms. Peoples was a Senior Registered Nurse at the Florida State Hospital, which was operated by the defendant State of Florida Department of Health and Rehabilitative Services.1 On each of the four occasions at issue, Ms. Peoples, an African American, sought a promotion to the position [1270]*1270of Senior Registered Nurse Supervisor. On each occasion, the Registered Nurse who received the promotion was white.

Ms. Peoples challenges the two most recent of the four promotion decisions (both of which occurred in 1993) under Title VII of the Civil Rights Act of 1964, as amended, and under 42 U.S.C. § 1983. She challenges the two older promotion decisions (which occurred in 1991 and 1992 respectively) only under § 1983; any challenge to these promotion decisions under Title VII was time barred prior to the commencement of this action.2 Ms. Peoples seeks damages and declaratory and injunctive relief under Title VII and seeks declaratory and injunctive relief (but, recognizing the Department’s Eleventh Amendment immunity, not damages) under § 1983.

The Title VII claims have been tried to a jury, which returned a verdict finding that in rejecting Ms. Peoples’ application for the 1993 promotions, the Department was motivated at least in part by intentional racial discrimination. The jury also found, however, that the Department would have chosen someone other than Ms. Peoples anyway, even in the absence of racial discrimination.

The § 1983 challenges to the 1991 and 1992 promotion decisions have been tried to the court, as has the issue of declaratory or injunctive relief arising from the jury’s finding of racial discrimination with respect to the 1993 promotions. This opinion sets forth the court’s ruling on these issues. I find that the Department was motivated in part by racial discrimination when it denied Ms. Peoples the 1991 and 1992 promotions, just as the jury found with respect to the 1993 promotions. I also find, however, that the Department would not have chosen Ms. Peoples for those promotions anyway, even in the absence of racial discrimination. I enter declaratory and injunctive relief in Ms. Peoples’ favor under Title VII based on the Department’s racially discriminatory actions regarding the 1993 promotion decisions. I deny all other relief.

Background — The McDonnell Douglas Framework

If race was a motivating factor in the Department’s rejection of Ms. Peoples’ application for the position of Senior Registered Nurse Supervisor, then the Department violated both the Fourteenth Amendment of the United States Constitution (which is enforceable under 42 U.S.C. § 1983) and Title VII of the Civil Rights Act of 1964, as amended. Ms. Peoples contends race was a motivating factor in the Department’s decisions. The Department denies this. The Department also asserts that even if race was a motivating factor in its decisions, this made no difference; the Department claims Ms. Peoples would not have gotten the jobs anyway, without regard to any racial discrimination.

As one might expect, none of the Department’s officials have said that race was a factor in the Department’s decisions. Ms. Peoples relies instead on circumstantial evidence.

In a disparate treatment case not based on direct evidence, the starting point is the framework set forth in such cases as McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). See generally Turnes v. AmSouth Bank, NA, 36 F.3d 1057, 1060 (11th Cir.1994). This is so both under Title VII and under § 1983. See, e.g., Harris v. Shelby County Bd. of Educ., 99 F.3d 1078 (11th Cir.1996).

Under that framework, the burden initially is on the plaintiff to establish a prima facie case. If the plaintiff meets this burden, a presumption of discrimination arises, and the burden shifts to the employer to put forth a legitimate reason for its action. This burden is “exceedingly light.”3 If the employer [1271]*1271meets this burden, the presumptions and burdens drop out of the case and the finder of fact proceeds to the ultimate issue: whether plaintiff has proven by the greater weight of the evidence that race was a motivating factor in the employer’s decision.

In making that ultimate determination, the finder of fact may consider the reason proffered by the employer for its action. If the finder of fact concludes that that proffered reason was pretextual, the finder of fact may use this finding as a basis for concluding that race was a motivating factor in the employer’s decision. See, e.g., St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 511, 113 S.Ct. 2742, 2749, 125 L.Ed.2d 407 (1993); Combs v. Plantation Patterns, 106 F.3d 1519, 1529 (11th Cir.1997).

If the finder of fact concludes that race was a motivating factor in the employer’s decision, the burden is on the employer to establish that it would have made the same decision anyway, without regard to race. If the employer carries that burden, the employer establishes a complete defense to the § 1983 claim. See, e.g., Harris v. Shelby County Bd. of Educ., 99 F.3d 1078, 1084-85 n. 5 (11th Cir.1996); Turnes v. AmSouth, Bank, NA, 36 F.3d 1057, 1062 (11th Cir.1994). But the employer may still be liable under Title VII for declaratory and limited forms of injunctive relief (not including back pay or any order requiring that the plaintiff be promoted or placed in or reinstated to the position at issue). See 42 U.S.C. § 2000e-5(g)(2)(B); Harris v. Shelby County Bd. of Educ., 99 F.3d 1078, 1084-85 (11th Cir.1996).

Applying McDonnell Douglas to the Case at Bar

Application of the McDonnell Douglas framework to the case at bar quickly moves the inquiry to the ultimate issue of racial discrimination, because Ms. Peoples has established a prima facie case and the Department has proffered a legitimate explanation for choosing someone other than Ms. Peoples for each of the four positions at issue. The basis for these conclusions follows.

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Peoples v. Florida Department of Children & Families, 24 F. Supp. 2d 1268, 1998 U.S. Dist. LEXIS 17464, 1998 WL 767488 (N.D. Fla. 1998).

24 F. Supp. 2d 1268 (Peoples v. Florida Department of Children & Families) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Harris v. Shelby County Board of Education
99 F.3d 1078 (Eleventh Circuit, 1996)
Combs v. Plantation Patterns
106 F.3d 1519 (Eleventh Circuit, 1997)
Beacon Theatres, Inc. v. Westover
359 U.S. 500 (Supreme Court, 1959)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Watson v. Fort Worth Bank & Trust
487 U.S. 977 (Supreme Court, 1988)
St. Mary's Honor Center v. Hicks
509 U.S. 502 (Supreme Court, 1993)
Joseph K. Turnes v. Amsouth Bank, Na
36 F.3d 1057 (Eleventh Circuit, 1994)