Theresa Cusatis v. Atlantic Waste Services, Inc.

Court of Appeals for the Eleventh Circuit·Decided November 6, 2025·No. 24-11378·Unpublished

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

No. 24-11378

Non-Argument Calendar

THERESA CUSATIS, Plaintiff-Appellant,

versus ATLANTIC WASTE SERVICES, INC.,

Defendant- Appellee.

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:22-cv-00156-RSB-CLR

2 Opinion of the Court 24-11378

Before NEWSOM, GRANT, and LAGOA, Circuit Judges. PER CURIAM:

Theresa Cusatis appeals the district court’s grant of summary judgment on her retaliation, hostile work environment, and age discrimination claims against Atlantic Waste Services, Inc., her former employer. First, Cusatis argues that the district court erred in dismissing her retaliation claim because she identified protected activities precipitating her removal. Second, she argues that the district court incorrectly dismissed her hostile work environment claim because she established Atlantic Waste’s liability and the alleged harassment was sufficiently severe and pervasive. Finally, she argues that the district court should not have dismissed her age discrimination claim because Atlantic Waste’s reasons for her termination were pretextual. After careful review, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Cusatis’s Employment at Atlantic Waste Cusatis worked at Atlantic Waste from 1999 through 2020.

At all times relevant to this action, Atlantic Waste was managed by Burke and Ben Wall, a father-son duo serving as CEO and Vice President, respectively. One of Atlantic Waste’s earliest employees , Cusatis steadily worked her way up from salesperson to Sales

USCA11 Case: 24-11378 Document: 30-1 Date Filed: 11/06/2025 Page: 3 of 19

24-11378 Opinion of the Court 3

Manager, a role she received around 2013 and her final position at the company before her termination.1 While Cusatis excelled as a salesperson, the Sales Manager role came with new managerial and administrative responsibilities that Cusatis did not take to as easily. Atlantic Waste management viewed her as an average performer and recognized that she sometimes lacked attention to detail and robust math and computation skills. Cusatis acknowledged some of these shortcomings.

In 2015, Atlantic Waste brought in Jeff Freas as company Controller and General Manager, mainly to provide support to the company’s department heads and improve financial reporting and accountability. Freas often butted heads with Cusatis, and by 2016, Cusatis believed that Atlantic Waste was searching for her replacement . Recognizing that the “requirements of the Sales Manager position outgrew Cusatis’s capabilities,” in late 2019, Atlantic Waste hired a recruiter to actively search for Cusatis’s replacement.

B. Atlantic Waste’s Free-Spirited Culture and Allegations of Misconduct

The workplace culture at Atlantic Waste was loose and lascivious . Coarse language, sexual innuendo, yelling, and age-based teasing abounded. And Cusatis was an equal opportunity offender,

1 The parties dispute whether Cusatis was fired or quit after being forced out

as Sales Manager and offered a demotion. This dispute is immaterial as either scenario constitutes an adverse employment outcome. We take no position on the parties’ conflicting accounts but generally refer to Cusatis’s “firing” or “termination” for stylistic convenience.

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trading insults and embarrassing vignettes with her colleagues as a full-throated participant in the company’s no-holds-barred culture. As relevant to this action, Cusatis was on the receiving end of several sexual and age-related comments by Freas and the Walls. Freas once questioned her sexual orientation and joked about her having sex with her cousin (whom she brought to the company Christmas party). Burke Wall frequently asked her about her relationship status and once remarked to a group of colleagues, “you all would not believe how old [Cusatis] is.” And Ben Wall once described her as “our dinosaur.” But Cusatis never complained about these comments nor requested the teasing stop.

Cusatis claims that Atlantic Waste’s free-spirited culture took a darker turn in January 2020, when she was twice victimized by Freas in his office. In the first incident, Freas stood up, embraced Cusatis, and attempted to kiss her, but Cusatis turned her cheek. In the second incident, Freas, sitting, spread his legs, placed his hand on Cusatis’s back, and tried to pull her onto his lap. He was again thwarted, this time because Ashley Bashlor, the company’s senior HR employee, walked in on the encounter. Cusatis did not report or complain about either incident contemporaneously.

C. Freas’s Firing

That next month, February 2020, things came to a head for Jeff Freas. Another Atlantic Waste employee, Jessica Craig, complained to Bashlor and Ben Wall that Freas made unwelcome physical advances and inappropriate comments toward her. Atlantic Waste investigated Craig’s complaint; it then demoted Freas from

24-11378 Opinion of the Court 5

General Manager, required him to review company anti-harassment policy, directed him not to go near Craig, and cautioned that similar behavior would spell the end of his tenure. As part of the investigation, Ben Wall asked Cusatis whether she had similar issues with Freas, and Cusatis provided him a memorandum detailing the two January incidents and her fractious working relationship with Freas.

Ultimately, Freas could not keep up his end of the bargain.

In May 2020, Craig reported that, disregarding management’s directive , Freas had started to walk near her desk again. Craig handed in her resignation and that same day Atlantic Waste fired Freas. Some time shortly after her resignation, Craig initiated a municipal criminal proceeding against Freas for sexual battery. Cusatis , along with several other employees, received a subpoena to testify in the criminal proceeding, but Cusatis never ended up testifying .

D. Cusatis’s Firing

In late June 2020, Burke Wall caught wind that the sales team had lost the Ace Hardware account, a longstanding client of the company, because Ace Hardware had lost patience with the sales team’s lack of communication and responsiveness. Atlantic Waste had recently lost several other customers, and the loss of Ace Hardware was the tipping point for Burke. He called Cusatis in a fit of anger and warned her that if the sales department did not improve its performance, the company would have to “make some changes.” Although Burke had threatened to fire Cusatis before,

6 Opinion of the Court 24-11378

this time, frustrated, Cusatis responded, [W]hy don’t you start with me?” Burke agreed, and told Cusatis that her severance package would be ready “in the morning.”

About 30 minutes later, Ben Wall called Cusatis and tried to walk back her firing. Ben offered her the choice between two sales roles, both of which came with a pay-cut and constituted a demotion . Cusatis declined both offers and never returned to work.

About two years later, on June 24, 2022, Cusatis sued Atlantic Waste, alleging hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq, and an age discrimination claim under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 623(a)(1), 631(a). Cusatis alleged that Atlantic Waste fired her because (1) she was old and (2) in retaliation for her complaints about Freas and receipt of a subpoena in the Craig criminal action. She also alleged that Atlantic Waste was vicariously liable for a hostile work environment fostered by Freas that encompassed both verbal and physical harassment. Atlantic Waste moved for summary judgment, and on March 25, 2024, the district court granted Atlantic Waste’s motion. This appeal followed.

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