Thomas v. Dolgencorp, LLC

645 F. App'x 948
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 15, 2016
DocketNo. 15-13399
StatusPublished
Cited by10 cases

This text of 645 F. App'x 948 (Thomas v. Dolgencorp, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Dolgencorp, LLC, 645 F. App'x 948 (11th Cir. 2016).

Opinion

PER CURIAM:

Kimberly Thomas brought this action against Dolgencorp, LLC. (“Dollar General”), her former employer, under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112(a), and the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2615(a)(1), (a)(2). Thomas’s ADA claim is that Dollar General discriminated against her based on her disability, cancer, when it terminated her employment as manager of one of its stores after she took leave to have a double mastectomy. Thomas’s FMLA claim is two-fold. Dollar General (1) interfered with her right to take FMLA leave when it refused to reinstate her to her store manager position, and instead terminated her, after she returned from medical leave and (2) retaliated against her by terminating her employment for having exercised her right to FMLA leave.

The district court granted Dollar General summary judgment on Thomas’s ADA claim because she failed to demonstrate that Dollar General’s nondiscriminatory reason for not reinstating her to her former position and terminating her employment — that she took CBLs for employees or worked them “off the clock” without compensation, legitimate grounds for termination — was a pretext for discrimination. The court granted Dollar General summary judgment on her FMLA interference claim, because Dollar General established as a matter of law its affirmative defense that Thomas was terminated for the nondiscriminatory reason stated above, and her FMLA retaliation claim because she failed to show that such reason was a pretext for her having taken FMLA leave.

Thomas appeals the district court’s decisions, arguing that she presented sufficient evidence that Dollar General’s stated reason for her termination was a pretext for discrimination on the basis of disability and for retaliation against her for taking FMLA leave. She also argues that she presented sufficient evidence to support her FMLA interference claim, because a reasonable factfinder could infer that she was not terminated for a reason unrelated to her exercise of her FMLA rights. After review of the record and consideration of the parties’ briefs, we affirm.

I.

We review a district court’s grant of summary judgment de novo. Weeks v. Harden Mfg. Corp., 291 F.3d 1307, 1311 (11th Cir.2002). Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, presents no genuine issue of material fact and compels judgment as a matter of law. Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

We analyze ADA discrimination claims under the McDonnell Douglas burden-shifting analysis applied to Title VII employment discrimination claims, Earl v. Mervyns, Inc., 207 F.3d 1361, 1365 (11th Cir.2000). Under that framework, a plaintiff-employee first establishes a prima-fa-cie case of discrimination. See Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1087 (11th Cir.2004), To establish a prima far cie case of ADA discrimination, a plaintiff must show (1) a disability, (2) that she was otherwise qualified to perform the job, and (3) that she was discriminated against based upon the disability. Cleveland v. Home Shopping Network, Inc., 369 F.3d [951]*9511189, 1193 (11th Cir.2004). The burden then shifts to the defendant to articulate a legitimate reason for its employment action. Wilson, 376 F.3d at 1087. If it can, the burden shifts back to the plaintiff to offer evidence that the reason is pretextual. Id. If the plaintiff fails to show pretext, we affirm the grant of summary judgment on that ground. EEOC v. Total Sys. Servs., 221 F.3d 1171, 1177 (11th Cir.2000). Where the defendant has met its burden of articulating a legitimate, non-discriminatory reason for its action, we may assume without deciding that the plaintiff has established a prima facie case and decide-the case on the question of pretext. See, e.g., Holifield v. Reno, 115 F.3d 1555, 1564 (1997); Wascura v. City of S. Miami, 257 F.3d 1238, 1243 (11th Cir.2001).

One way to establish the discrimination prong of a prima facie case of discrimination is by showing that the employer treated similarly situated employees outside the protected class more favorably. See Wilson, 376 F.3d at 1091. In determining whether employees are similarly situated, it is necessary to consider whether the employees are involved in, or accused of, the same or similar conduct and are disciplined in different ways. Maniccia v. Brown, 171 F.3d 1364, 1368 (11th Cir.1999). When an individual proves that she was fired but another employee outside her class was retained although both violated the same work rule, this raises an inference that the rule was discriminatorily applied. Nix v. WLCY Radio/Rahall Commc’ns, 738 F.2d 1181, 1186 (11th Cir.1984).

The plaintiff can show pretext by demonstrating such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the proffered reason for the employment action that a reasonable fact-finder could find them unworthy of credence. Springer v. Convergys Customer Mgmt. Group Inc., 509 F.3d 1344, 1348 (11th Cir.2007). If the proffered reason is one that might motivate a reasonable employer, however, the plaintiff must “meet it head on and rebut it” instead of merely quarreling with it. Wilson, 376 F.3d at 1088. A finding that the proffered reason is false does not compel an inference of discrimination, because the burden of proving discriminatory intent remains at all times with the plaintiff. St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 511, 113 S.Ct. 2742, 2749, 125 L.Ed.2d 407 (1993). An employer is entitled to rely on a good faith belief that an employee has committed professional misconduct and does not need to prove.that belief was correct. Total Sys. Servs., 221 F.3d at 1176. An employer’s shifting and inconsistent explanations may be evidence of pretext. See Cleveland, 369 F.3d at 1194-95 (finding that employer’s four different and inconsistent reasons were evidence of pretext). A stray comment by a supervisor that is unrelated to the employment decision will usually not be sufficient to show pretext absent some additional evidence supporting a finding of pretext. Scott v. Suncoast Beverage Sales, Inc., 295 F.3d 1223

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Bluebook (online)
645 F. App'x 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-dolgencorp-llc-ca11-2016.