Tillis v. Sheriff of Indian River County

603 F. App'x 851
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 10, 2015
DocketNo. 14-10271
StatusPublished
Cited by2 cases

This text of 603 F. App'x 851 (Tillis v. Sheriff of Indian River County) 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
Tillis v. Sheriff of Indian River County, 603 F. App'x 851 (11th Cir. 2015).

Opinion

PER CURIAM:

Leanette M. Tillis and Melissa A. Stewart, two female Corrections Division Sergeants with the Indian River County Shef-iffs Office (IRCSO), appeal the district court’s grant of summary judgment in favor of their employer, Sheriff Deryl Loar, in their employment discrimination lawsuit. Tillis and Stewart brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1) (Title VII), and the Florida Civil Rights Act, Fla. Stat. § 760.10 (FCRA). They allege that Loar discriminated against them on the basis of their sex by promoting a male employee, Adam Bailey, to the position of Special Operations Lieutenant instead of one of them. The district court found that although Tillis and Stewart established a prima facie case of discrimination, Loar articulated a legitimate, nondiscriminatory reason for promoting Bailey. Because Til-lis and Stewart failed to demonstrate a genuine issue of material fact as to whether that reason was pretextual, the district court granted summary judgment. After careful consideration, we affirm.

I.

We review de novo a district court’s grant of summary judgment, viewing all evidence in the light most favorable to the non-movant. Owen v. I.C. Sys., Inc., 629 F.3d 1263, 1270 (11th Cir.2011). Summary judgment is appropriate when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a).

Title VII makes it unlawful for certain employers to “discharge any individual, or otherwise to discriminate against any individual'with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex.” 42 U.S.C. § 2000e-2(a)(l). State law claims brought under the FCRA are governed by the same analytical framework applicable to Title VII claims. Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir.1998).

When considering a motion for summary judgment on a disparate treatment employment discrimination claim, we utilize the burden-shifting analysis set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Denney v. City of Albany, 247 F.3d 1172, 1182-83 (11th Cir.2001). Under McDonnell Douglas, the plaintiff bears the initial burden of presenting sufficient evidence to allow a reasonable jury to deter[853]*853mine that she has satisfied the elements of a prima facie case that she has been discriminated against based on her gender. 411 U.S. at 802, 93 S.Ct. at 1824. If she establishes a prima facie ease, the defendant must then articulate a legitimate,nondiscriminatory reason for the employment decision. Id. at 802-03, 93 S.Ct. at 1824. A defendant’s burden to articulate a legitimate, nondiscriminatory reason is “exceedingly light,” though an employer may not satisfy its burden by offering a justification which it did not know or consider at the time the decision was made. Turnes v. AmSouth Bank, NA, 36 F.3d 1057, 1061-62 (11th Cir.1994). Once the defendant offers a nondiscriminatory reason, the burden shifts back to the plaintiff to show that the defendant’s given reason was pretextual. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825.

Here, the district court correctly concluded that Loar articulated a legitimate, nondiscriminatory reason for promoting Bailey instead of Tillis or Stewart. Loar testified that he based his decision on Bailey’s experience and demonstrated ability as Maintenance Sergeant with IRCSO. He noted Bailey’s initiative in proposing that a “supervisor of maintenance” position be created to address the poor conditions at the county prison and the improvements Bailey helped make to the prison that led to its accreditation. Loar further explained that he picked the person who could perform the duties of the Special Operations Lieutenant position, had performed those duties for three or four years, and would not need on-the-job training. This reason was not an after-the-fact justification, as Loar had personally witnessed Bailey’s experience and initiative prior to promoting him. See Turnes, 36 F.3d at 1062 (holding that an employer must “produc[e] a reason that was available to it at the time of the decision’s making” (emphasis omitted)). Although Tillis and Stewart stress that Loar did not know that Bailey had credentials superior to their own when he made the promotion decision — because Loar did not learn about some of their qualifications — Loar did not testify that he chose Bailey because his credentials were superior to those of Tillis and Stewart. Instead, Loar testified that he was positively impressed with the specific credentials Bailey did have. This was enough to satisfy his intermediate burden.

II.

Because we hold that Loar offered a legitimate, nondiscriminatory purpose for promoting Bailey, in order to survive summary judgment Stewart and Tillis must establish that the purported discriminatory purpose was in fact pretextual. A plaintiff establishes pretext by “com[ing] forward with evidence ... sufficient to permit a reasonable factfinder to conclude that the reasons given by the employer were not the real reasons for the adverse employment decision.” Combs v. Plantation Patterns, 106 F.3d 1519, 1528 (11th Cir.1997). If the defendant’s nondiscriminatory reason is one that might motivate a reasonable employer, the plaintiff must meet it “head on” and cannot succeed by simply quarrelling with its wisdom. Chapman v. AI Transport, 229 F.3d 1012, 1030 (11th Cir.2000) (en banc). The inquiry into pretext centers on the defendant’s beliefs, not the employee’s beliefs or “reality as it exists outside of the decision maker’s head.” Alvarez v. Royal Atl. Developers, 610 F.3d 1253, 1266 (11th Cir.2010).

Together with other evidence, an employer’s departures from normal policies and procedures can establish pretext. Hurlbert v. St. Mary’s Health Care Sys., 439 F.3d 1286, 1299 (11th Cir.2006). When challenging a promotion decision on the [854]*854basis of qualifications, the employee must show that “disparities between the successful applicant’s and her own qualifications were of such weight and significance that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff.” Brooks v. Cnty. Comm’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir.2006) (internal quotation marks omitted).

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Bluebook (online)
603 F. App'x 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillis-v-sheriff-of-indian-river-county-ca11-2015.