Riggin v. United States, Department of the Air Force

243 F. Supp. 3d 1324, 2017 U.S. Dist. LEXIS 38315, 2017 WL 1042469
District Court, M.D. Georgia·Decided March 17, 2017·No. No. 5:15-CV-205 (CAR)·Published

Opinion

ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

C. ASHLEY ROYAL, SENIOR JUDGE

Plaintiff Robert Riggin, Jr., brings this action for retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. (“Title VII”), and age discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. (“ADEA”). Before the Court is Defendants The United States Department of the Air Force and Secretary of the Air Force Deborah Lee James’ Motion for Summary Judgment. Having read and considered the Motion, the record in this case, the applicable law, and the parties’ arguments, the Court finds Plaintiff fails to raise genuine issues of material fact on either of his claims and therefore GRANTS Defendants’ Motion for Summary Judgment [Doc. 18].

LEGAL STANDARD

Summary judgment is proper if the movant “shows that there is no genuine issue as to any material fact and the mov-ant is entitled to a judgment as a matter of law.”1 Not all factual disputes render summary judgment inappropriate; only a genuine issue of material fact will defeat a properly supported motion for summary [1327] judgment.2 This means summary judgment may be granted if there is insufficient evidence for a reasonable factfinder to return a verdict for the nonmoving party or, in other words, if reasonable minds could not differ as to the verdict.3

On summary judgment, the Court must view the evidence and all justifiable inferences in the light most favorable to the nonmoving party; the Court may not make credibility determinations or weigh the evidence.4 The moving party “always bears the initial responsibility of informing the court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact” and that entitle it to a judgment as a matter of law.5 If the moving party discharges this burden, the burden then shifts to the nonmoving party to respond by setting forth specific evidence in the record and articulating the precise manner in which that evidence creates a genuine issue of material fact or that the moving party is not entitled to a judgment as a matter of law.6 This evidence must consist of more than mere conclusory allegations or legal conclusions.7

BACKGROUND

Plaintiff timely filed this action alleging Defendants unlawfully demoted him to a Human Resources position based on his age and in retaliation for helping another employee file an Equal Employment Opportunity (“EEO”) complaint. Defendants, however, contend they merely transferred Plaintiff to an equivalent supervisor position based on his discrimination against another employee, his unsatisfactory performance, and the needs of the organization. The facts, taken in the light most favorable to Plaintiff as the nonmoving party, are as follows:

Plaintiff, a 60-year-old male, worked for 20 years as an aircraft overhaul supervisor in the Production Flight at Robins Air Force Base in Warner Robins, Georgia, As a Production Flight supervisor, Plaintiff supervised approximately 30 mechanics in the production and repair of aircraft. Because management typically transferred supervisors to the Production Flight after one year in the Human Resources Flight, a Production Flight supervisor was considered a more prestigious position than a Human Resources Flight supervisor.8

In 2011, several incidents occurred that the parties contend led to Plaintiffs alleged demotion to the Human Resources Flight. First, in the early summer of 2011, Plaintiff reviewed co-worker Craig Whitaker’s “career brief’—the official employment transcript setting forth Whitaker’s work history—and discovered Whitaker had not received credit for cer[1328] tain work performed.9 Plaintiff had been mentoring Whitaker, who wanted to become a supervisor. To' help Whitaker receive credit, Plaintiff told him how to document the work and advised him of relevant Office of Personnel Management regulations.10 Management, however, refused to give Whitaker credit for the work,, and thus Whitaker filed an EEO complaint alleging discrimination. Although the record is unclear as to what type of discrimination Whitaker alleged and to what extent Plaintiff participated in the filing of Whitaker’s EEO complaint, the record contains evidence Plaintiffs supervisors disapproved of his association with Whitaker.11 In September, Flight Chief ’Gerald Garrett accused Plaintiff of talking to Whitaker too much and told him Whitaker was “throwing [him] under the bus.”12 In November, another employee told Plaintiff,' “Mr. Garrett and others in .,. management are after you because of [] Whitaker’s EEO case.”13

Second, in August of 2011, one of Plaintiffs supervisees, David Wynn, filed an EEO complaint alleging Plaintiff discriminated against him based on his race and physical limitations.14 Garrett conducted an internal investigation, substantiated Wynn’s allegations, and admonished Plaintiff.15

In addition, Defendants believed Plaintiffs performance began to decline aromad this time. Garrett observed that six of Plaintiffs vocational students occasionally had no work to do and concluded Plaintiff inactively supervised his Flight.16 Plaintiff, however, did not receive a mandatory performance evaluation in October 2011 and thus,,was not alerted to his unsatisfactory performance at that time.17

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Riggin v. United States, Department of the Air Force, 243 F. Supp. 3d 1324, 2017 U.S. Dist. LEXIS 38315, 2017 WL 1042469 (M.D. Ga. 2017).

243 F. Supp. 3d 1324 (Riggin v. United States, Department of the Air Force) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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