Walker v. St. Joseph's/Candler Health System, Inc.

506 F. App'x 886
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 4, 2013
DocketNo. 11-16072
StatusPublished
Cited by11 cases

This text of 506 F. App'x 886 (Walker v. St. Joseph's/Candler Health System, Inc.) 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
Walker v. St. Joseph's/Candler Health System, Inc., 506 F. App'x 886 (11th Cir. 2013).

Opinion

PER CURIAM:

This is an appeal from the grant of summary judgment in favor of St. Joseph’s/Candler Health System in a discrimination suit brought by Respiratory Therapist Theresa Walker. Walker alleged a discriminatory demotion based on her race and gender as well as retaliation for her filing with the EEOC.

Following over a dozen complaints from seven of her team members, Walker, who is African American, was demoted from her position as a “Team Leader” in the Respiratory Therapy Department at St. Joseph’s/Candler Hospital. She was demoted by her manager, Harold Oglesby, who is also African American. Oglesby [888]*888testified that due to the complaints against Walker, he no longer believed that she could successfully lead her team.

I.

We review the grant of summary judgment de novo, “with evidence considered in the light most favorable to [Walker].” Rioux v. City of Atlanta, Ga., 520 F.3d 1269, 1274 (11th Cir.2008). ‘We will affirm if, after construing the evidence in the light most favorable to the non-moving party, we find that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.” Alvarez v. Royal Atl. Developers, Inc., 610 F.3d 1253, 1264-1265 (11th Cir.2010).

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l) (West 2012).

We analyze a circumstantial case of a discriminatory demotion under the framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).1 That framework requires the plaintiff to establish a prima facie case of discrimination typically by showing she was a member of a protected class and was either replaced by someone outside her class or subjected to an adverse employment action in contrast to similarly situated comparators from outside her class. See Rioux, 520 F.3d at 1275-1276. The defendant must proffer legitimate, nondiscriminatory reasons for its actions in rebuttal. If the defendant offers such reasons, the plaintiff must demonstrate pretext. See Alvarez, 610 F.3d at 1264. Regardless of presumptions, the ultimate burden lies with the plaintiff to show intentional discrimination. See United States v. Crosby, 59 F.3d 1133, 1135 (11th Cir.1995).

We will assume that Walker established a prima facie case. In response, St. Joseph’s has given legitimate business reasons for demoting Walker. With this background, we focus here on Walker’s showing of pretext.

The inquiry as to pretext is based on “the employer’s beliefs, and not the employee’s own perceptions of [her] performance.” Holifield v. Reno, 115 F.3d 1555, 1565 (11th Cir.1997). This Circuit has explained that “to be blunt about it,” the inquiry does not center “on reality as it exists outside of the decision maker’s head.” Alvarez, 610 F.3d at 1266. Thus,

[a] plaintiff is not allowed to recast an employer’s proffered nondiscriminatory reasons or substitute his business judgment for that of the employer. Provided that the proffered reason is one that might motivate a reasonable employer, an employee must meet that reason head on and rebut it, and the employee [889]*889cannot succeed by simply quarreling with the wisdom of that reason.

Chapman v. AI Transp., 229 F.3d 1012, 1030 (11th Cir.2000) (en banc).

A typical means of establishing pretext is through comparator evidence. Silvera v. Orange County Sch. Bd., 244 F.3d 1253, 1259 (11th Cir.2001); Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1563 n. 20 (11th Cir.1987). A comparator is “a similarly-situated employee who committed the same violation of work rules, but who was disciplined less severely than [the plaintiff].” Rioux, 520 F.3d at 1276. “[T]o determine whether employees are similarly situated,” this Court evaluates “whether the employees are involved in or accused of the same or similar conduct and are disciplined in different ways.” Burke-Fowler v. Orange County, Fla., 447 F.3d 1319, 1323 (11th Cir.2006) (quotation marks omitted). “[T]he quantity and quality of the comparator’s misconduct [must] be nearly identical to prevent courts from second-guessing employers’ reasonable decisions and confusing apples with oranges.” Maniccia v. Brown, 171 F.3d 1364, 1368 (11th Cir.1999). While comparator evidence can illustrate pretext, “[e]vidence that similarly situated employees were treated differently is of probative value, but does not always establish that intentional discrimination occurred.” Crosby, 59 F.3d at 1135.

Pretext may also be established by proof of inconsistent statements or shifting explanations for the adverse employment decision, suggesting that the articulated reasons are recently fabricated or false. Compare Bechtel Constr. Co. v. Sec’y of Labor, 50 F.3d 926, 935 (11th Cir.1995), and Tidwell v. Carter Products, 135 F.3d 1422, 1428 (11th Cir.1998). Additionally, as the district court recognized, this Court has also found that “[l]anguage not amounting to direct evidence, but showing some racial animus, may be significant evidence of pretext once a plaintiff has set out a prima facie case.” See District Court Opinion at 12 (quoting Jones v. Bessemer Carraway Med. Cntr., 151 F.3d 1321, 1323 n. 11 (11th Cir.1998)).

Walker here urges all three bases to demonstrate that the reasons given for her demotion were pretextual. She contends comparators outside her protected class were treated differently. She asserts she received positive performance reviews in past years that contradict the assertions being made to support her demotion.2 Finally, she cites statements she claims were made by Mr. Oglesby3 upon her demotion, see supra

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Bluebook (online)
506 F. App'x 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-st-josephscandler-health-system-inc-ca11-2013.