Filed: Apr. 20, 2011
Latest Update: Feb. 22, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-10187 APR 20, 2011 JOHN LEY _ CLERK D.C. Docket No. 6:08-cv-00749-JA-GJK THOMAS C. RIDLEY, lllllllllllllllllllll Plaintiff - Appellant, versus SEARS HOME IMPROVEMENT PRODUCTS, INC., d.b.a. Sears, Roebuck And Co., lllllllllllllllllllll Defendant - Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (April 20, 2011) Before T
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-10187 APR 20, 2011 JOHN LEY _ CLERK D.C. Docket No. 6:08-cv-00749-JA-GJK THOMAS C. RIDLEY, lllllllllllllllllllll Plaintiff - Appellant, versus SEARS HOME IMPROVEMENT PRODUCTS, INC., d.b.a. Sears, Roebuck And Co., lllllllllllllllllllll Defendant - Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (April 20, 2011) Before TJ..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-10187 APR 20, 2011
JOHN LEY
________________________ CLERK
D.C. Docket No. 6:08-cv-00749-JA-GJK
THOMAS C. RIDLEY,
lllllllllllllllllllll Plaintiff - Appellant,
versus
SEARS HOME IMPROVEMENT PRODUCTS, INC.,
d.b.a. Sears, Roebuck And Co.,
lllllllllllllllllllll Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(April 20, 2011)
Before TJOFLAT, WILSON and SEYMOUR,* Circuit Judges.
PER CURIAM:
*
Honorable Stephanie K. Seymour, United States Circuit Judge for the Tenth Circuit,
sitting by designation.
Thomas C. Ridley appeals the district court’s entry of partial summary
judgment in favor of Sears on his sexual harassment, race discrimination, and
constructive discharge claims, as well as a jury verdict for Sears on his retaliation
claim, all brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e et seq. Ridley, an African American male, claimed he was sexually
harassed by his male supervisor, who displayed pictures and videos of himself
engaging in sex acts with Ridley’s female co-workers. Ridley also claimed the
same supervisor assigned sales leads in a racially discriminatory manner, giving
Ridley fewer “prime” leads than his non-African-American co-workers.
After receiving evidence from both parties, the district court entered
summary judgment for Sears on all grounds, except Ridley’s retaliation claim. At
trial, the parties stipulated that Ridley engaged in protected activity; thus, he
would not introduce evidence of his underlying claims. The jury ultimately found
Sears did not retaliate against Ridley.
Ridley raises four issues on appeal. First, he argues the district court
applied an inappropriate legal standard in determining that he was not sexually
harassed. Second, he contends the district court erroneously concluded that he
was not subjected to racial discrimination, despite direct and circumstantial
evidence to the contrary. Third, he argues his work environment was so
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intolerable that he was forced to abandon his job, and the district court erred in
concluding otherwise. And finally, he contends that the district court unfairly
excluded evidence of his underlying sexual harassment and racial discrimination
claims from trial, depriving him of the ability to present the “full weight of
evidence” supporting his retaliation claim.1
After careful consideration of the parties’ briefs and the record in this case,
and having the benefit of oral argument, we find no merit to the issues Ridley
raises on appeal. Accordingly, we affirm.
AFFIRMED.
1
Ridley does not allege in his initial brief that the evidence introduced at trial was
insufficient to support a verdict in favor of Sears on his retaliation claim. Accordingly, he has
abandoned this argument, and we decline to address it. See Davis v. Coca-Cola Bottling Co.
Consol.,
516 F.3d 955, 972 (11th Cir. 2008).
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