Telfair v. Federal Express Corp.

934 F. Supp. 2d 1368, 2013 WL 1290228, 2013 U.S. Dist. LEXIS 44649
CourtDistrict Court, S.D. Florida
DecidedMarch 28, 2013
DocketCase No. 12-CIV-80436
StatusPublished
Cited by11 cases

This text of 934 F. Supp. 2d 1368 (Telfair v. Federal Express Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Telfair v. Federal Express Corp., 934 F. Supp. 2d 1368, 2013 WL 1290228, 2013 U.S. Dist. LEXIS 44649 (S.D. Fla. 2013).

Opinion

OPINION ORDER GRANTING DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT

DANIEL T.K. HURLEY, District Judge.

Plaintiffs Garrett and Travis Tel-fair sue their former employer, Federal Express Corporation (“FedEx”), alleging racial discrimination in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (Count 1) and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq. (Count 2), and religious discrimination and failure to accommodate in violation of the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat., § 760.01 et seq.1

[1374]*1374FedEx has moved for summary judgment on the following grounds: (1) failure to establish a prima faeie claim of disparate treatment based on race for lack of evidence of adequate, similarly situated comparators who were treated more favorably; (2) failure to establish a prima facie claim for hostile racial environment, for lack of evidence , of racially charged commentary or harassment in. the workplace; (3) failure to establish a prima facie claim of disparate treatment based on religion for lack of evidence of similarly situated comparators who were treated more favorably; and (4) failure to establish a prima facie case of religious discrimination/failure to accommodate for lack of evidence of a bona fide religious belief that conflicted with an employment requirement, or alternatively, for failure to raise genuine issue of material fact on the reasonableness of the - employer’s proffered accommodation to the plaintiffs’ asserted religious beliefs.

I. Summary Judgment Standard

A party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact and that he is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). To prevail on a motion for summary judgment, the movant must show that the plaintiff has offered no evidence to support an essential element of his case, or present affirmative evidence that plaintiff will be unable to prove one or more essential elements of the case at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the movant successfully negates an essential element of the plaintiffs case, the burden shifts to the plaintiff to come forward with evidence demonstrating a genuine issue of material fact for trial. Id.

Thus, summary judgment is appropriate when the moving party meets its burden of demonstrating that no genuine issue of any material facts exists, and the non-moving party fails to present evidence on an essential element of claim showing that a reasonable jury could find in its favor. Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir.2008). Unsupported speculation does not create a genuine issue of material fact, Cordoba v. Dillard’s Inc., 419 F.3d 1169, 1181 (11th Cir.2005), and “bare and self-serving” allegations made without personal knowledge are inadequate to survive summary judgment. Stewart v. Booker T. Washington Insurance, 232 F.3d 844, 851 (11th Cir.2000).

. In ruling on a motion for summary judgment, the court is obligated to construe the facts and draw all reasonable inferences in the light most favorable to the non-moving party. Owen v. I.C. System, Inc., 629 F.3d 1263 (11th Cir.2011). If conflicts arise between the facts developed by the parties, the court must credit the non-moving party’s version. Davis v. Williams, 451 F.3d 759 (11th Cir.2006). For example, if the non-moving party presents an affidavit describing material, external facts based on first hand personal knowledge — and not subjective belief — the court is required to credit those statements and allow the jury to be the arbiter of any conflicts in the evidence. Feliciano v. City of Miami Beach, 707 F.3d 1244, 1252 (11th Cir.2013) (quoting Miller v. Harget, 458 F.3d 1251, 1256 (11th Cir.2006) (even if district court “believes that the evidence presented by one side is of doubtful veracity, it is not [1375]*1375proper to grant summary judgment on the basis of credibility choices”)). On the other hand, the court is not required to credit an account which is “inherently incredible and could not support reasonable inferences sufficient to create an issue of fact,” Morton v. Kirkwood, 707 F.3d 1276, 1285 (11th Cir.2013) (quoting Riley v. City of Montgomery, Ala., 104 F.3d 1247, 1251 (11th Cir.1997)), for example, where an accurate video recording completély and clearly contradicts a party’s testimony. Id.

With these standards in mind, the court reviews the plaintiffs’ evidence in this case in the light most favorable to their position.

II. Facts2

1. FedEx hired plaintiff Travis Telfair as a courier on November 28, 1991, and hired his brother, plaintiff Garrett Telfair, as a courier on November 22, 1995. Both plaintiffs are African-American and both are Jehovah’s Witnesses belonging to the Kingdom Hall of Jehovah’s Witnesses, Lake Park Congregation.3

2. At work, the plaintiffs reported to Matthew Lemke (operations manager), who in turn reported to Joe Mauceri (senior manager). Both Lemke and Mauceri were aware of plaintiffs’ religious beliefs as Jehovah’s Witnesses at all material times during the course of their employment.

3. Neither plaintiff was ever disciplined, suspended or terminated for performance or conduct-related infractions.

4. No yacially derogatory or questionable comments were ever made by supervisors or fellow employees at the FedEx workplace, and no questionable or disrespectful comments were ever made by supervisors or fellow employees about any employee’s religious beliefs.

5. When first hired, Garrett Telfair worked as a part-time courier on a Tuesday through Saturday shift, and continued on this schedule for about five , years. In 2001 or 2002, Garrett moved to a Monday through Friday schedule on which he remained up through the spring of 2009. Travis Telfair similarly began working at FedEx as a part-time courier on a Tuesday through Saturday shift. After approximately five years, Travis moved to a full time position for about three years, and then back to a part-time morning position on a Monday through Friday shift up through the spring of 2009.

6. During the course of plaintiffs’ employment at FedEx, management accommodated their request to take off one Friday each year to attend the annual Jehovah’s Witnesses’ district convention.

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934 F. Supp. 2d 1368, 2013 WL 1290228, 2013 U.S. Dist. LEXIS 44649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telfair-v-federal-express-corp-flsd-2013.