Watkins v. Secretary Department of Homeland Security

401 F. App'x 461
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 27, 2010
Docket10-10295
StatusUnpublished
Cited by1 cases

This text of 401 F. App'x 461 (Watkins v. Secretary Department of Homeland Security) 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
Watkins v. Secretary Department of Homeland Security, 401 F. App'x 461 (11th Cir. 2010).

Opinion

PER CURIAM:

Plaintiff Andre Watkins appeals pro se the district court’s order granting summary judgment to the defendants on his claims of race discrimination and retaliation, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a), 2000e-3(a) (“Title VII”). After review, we affirm. 1

I. BACKGROUND

Watkins, who is African American, worked as a security screener for the Transportation Security Administration (“TSA”) until he was terminated for being absent without leave. Watkins claims that TSA failed to promote him because of his race and that he was terminated after he expressed his intention to file a discrimination complaint.

A. Watkins’s Employment with TSA

On September 2, 2002, Watkins began work as a TSA screener at the Fort Lauderdale Airport (“FLL”). The first year of Watkins’s employment was a probationary period. Because TSA was a new agency in the early stages of federalizing security at FLL, Watkins began training other screeners within a few days of being trained and certified himself. Watkins worked the first shift, from 4:00 a.m. to 12:30 p.m., at Checkpoint Echo. According to Watkins, he trained many of the employees who were later promoted to supervisory positions and he often performed the duties of supervisors. He also contends that there were no African-American leads, supervisors or managers on the first shift at FLL.

Watkins’s immediate supervisor was Cathy English, and his second-line supervisor was David Cassell, the acting Screening Manager at FLL. Cassell reported to Carmen Curro, the Concourse Manager, who reported to George Cruz, the Scheduling Operations Officer at FLL. Cruz’s supervisor was Bryant Chevalier, the Assistant Federal Security Director at FLL.

Diane Barton was a TSA Human Resources Specialist. Barton was not in Watkins’s chain of command. Rather, as part of her duties, Barton processed all requests for personnel action, including hiring, disciplinary action and termination, and prepared other paperwork for management. According to Bai*ton, Watkins never applied for a promotion while employed with TSA.

*463 B.TSA’s Attendance Policy

Under TSA’s written Attendance Control Policy, an employee is required to notify his supervisor within one hour of the start of his shift if he will be absent. An employee who fails to notify his supervisor may be considered absent without leave, or AWOL. An employee who is AWOL three or more times is “reported up the chain of command with a recommendation for formal disciplinary action up to and including removal.”

The Attendance Control Policy included progressive discipline for excessive absences (regardless of whether they were with leave), ranging from: (1) an initial, non-disciplinary discussion when there were six absences within a twelve-month period; (2) a Level I warning when seven absences occurred within a twelve-month period; (3) a Level II warning if another absence occurred within twelve months of the issuance of the Level I warning; and (4) a Level III issuance of a leave restriction letter if there was second absence within the same twelve-month period as the Level II warning or “if the offense is of an extremely serious nature such as an employee not notifying the supervisor when scheduled, (AWOL)” at which point the employee would be “immediately placed on Level III.” The Level III portion of the Attendance Control Policy warned that “[e]mployees who are AWOL could face further disciplinary action to include termination.”

Initially, TSA screeners at FLL notified their screening manager if they were going to be absent. Beginning in February or March 2003, TSA created an Operations Center at FLL that employees were required to call to report being late or to request sick leave. Under the Attendance Control Policy, a supervisor could require an employee to provide a doctor’s certification. Generally, TSA supervisors requested a doctor’s note after three days of sick leave.

According to Bryant Chevalier, if a TSA employee had an attendance problem, the issue would be addressed initially with the employee’s first-line supervisor and would proceed up through the levels of management, who worked with Human Resources to determine the appropriate course of action to take with respect to progressive discipline. If the problem continued, the issue would be taken to the Operations Manager (in this case, George Cruz), who would brief Chevalier on the issue. Whatever action Chevalier took “would be based on the information provided to [him] from the management team and HR.”

C. Watkins’s Temporary Assignment in Key West

From October 30, 2002 to January 18, 2003, Watkins volunteered for a temporary assignment as a lead screener at Key West Airport. Watkins was one of sixteen TSA screeners from FLL assigned to help “roll out” security screening at Key West Airport. While in Key West, Watkins trained the newly hired TSA screeners and supervisors coming on board at the airport and performed many of the duties of supervisors. However, this temporary assignment was not a promotion and did not result in a salary increase. Afterward, Watkins returned to his normal screening duties at FLL.

D. Watkins’s Complaint to Barton

Sometime in April or May of 2003, Watkins learned that his temporary assignment in Key West had not resulted in a promotion. Watkins called Barton in Human Resources for clarification and asked Barton why he did not receive a salary increase. Barton told Watkins his temporary assignment was not a promotion. Watkins responded that he intended to file *464 an EEO discrimination complaint once his probationary period was over. Watkins did not file his complaint immediately because he “did not want to have any bruises on [his] record during [his] probation.” It is undisputed that none of the supervisors in Watkins’s chain of command was aware that he intended to complain of discrimination.

Diane Barton denies ever speaking with Watkins and avers that she was unaware that Watkins was African American or that he planned to file a race discrimination complaint. However, at summary judgment, we construe all facts in the light most favorable to Watkins. Thus, we assume Watkins told Barton he planned to complain of discrimination.

E. Watkins’s Absences

Between October 18, 2002 and July 23, 2003, Watkins was absent from work sixteen times. On July 29, 2003, George Cruz, as the “Proposing Official,” signed a “Disciplinary Procedure Request Form” recommending Watkins’s “[probationary removal.” Cruz testified that he recommended Watkins’s termination “due to [a] record of excessive absenteeism.” The Disciplinary Request Form indicated that: (1) the reason for the requested action was “[o]ther (specify): AWOL”; and (2) Watkins’s absences adversely affected business activity and employee moral because they “put a strain on operational needs” and caused “already short staffs to take up the slack.” 2

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401 F. App'x 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-secretary-department-of-homeland-security-ca11-2010.