ABDUL K. KALLON, District Judge.
Alexandria Andrews filed this lawsuit against her current employer, Sperry Rail, Inc., alleging race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (Count I), and sex discrimination and retaliation under Title VII (Counts II and III). Doc. 1. Presently before the court is Sperry Rail's motion for summary judgment, doc. 20, which is fully briefed, docs. 21; 32; 35, and ripe for review.
Under Federal Rule of Civil Procedure 56(a), summary judgment is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." "Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (alteration in original). The moving party bears the initial burden of proving the absence of a genuine dispute of material fact. Id. at 323. The burden then shifts to the non-moving party, who is required to go "beyond the pleadings" to establish that there is a "genuine issue for trial." Id. at 324 (internal citations and quotation marks omitted). A dispute about a material fact is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
The court must construe the evidence and all reasonable inferences arising from it in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970); see also Anderson, 477 U.S. at 244 (all justifiable inferences must be drawn in the non-moving party's favor). Any factual dispute will be resolved in the non-moving party's favor when sufficient competent evidence supports that party's version of the disputed facts. But see Pace v. Capobianco, 238 F.3d 1275, 1276-78 (11th Cir. 2002) (a court is not required to resolve disputes in the non-moving party's favor when that party's version of events is supported by insufficient evidence). However, "mere conclusions and unsupported factual allegations are legally insufficient to defeat a summary judgment motion." Ellis v. England, 432 F.3d 1321, 1326 (11th Cir. 2005) (citing Bald Mountain Park, Ltd. v. Oliver, 863 F.2d 1560, 1563 (11th Cir. 1989)). Moreover, "[a] mere `scintilla' of evidence supporting the opposing party's position will not suffice; there must be enough of a showing that a jury could reasonably find for that party." Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990) (citing Anderson, 477 U.S. at 252).
Andrews, who is female and African-American, currently works as a driver mechanic for Sperry Rail — a company that "conducts nondestructive testing for the railroad industry by scanning steel to check for integrity and defective conditions utilizing a fleet of specialized test vehicles." Doc. 21 at 3; see also doc. 22-3 at 5. The test vehicles are operated by a driver and a chief operator, who supervises the driver. Doc. 22-3 at 6.
Prior to her promotion to her current position, Andrews held the position of a driver and reported to Chief Operator Jamarion Warren. Id. at 9. On one occasion, when Warren purportedly provided Andrews unclear instructions regarding a tire repair, Andrews "had a confrontation" with Warren, see doc. 32 at 7, which resulted in Warren issuing Andrews a written reprimand for being "verbally aggressive," see doc. 33-1 at 8.
Sometime after this incident, Field Operator Shawn Numeracki purportedly observed Andrews's hostility and insubordinate interaction with Warren. See doc. 22-1 at 7. As a result, the company decided to transfer Andrews to a different Chief Operator. See doc. 22-2 at 2-3. When explaining the decision to Andrews, Numeracki mentioned that Sperry Rail could potentially transfer Andrews (who at that time worked in the Southeastern United States) to the Minnesota area. See doc. 22-3 at 22. Although Andrews had known from the start of her employment that Sperry Rail regularly transferred employees to other areas,
In a nutshell, Andrews maintains that Sperry Rail discriminated against her based on her race and gender by denying her promotion to the positions of chief operator and driver trainer, and retaliated against her for filing an EEOC charge after her proposed transfer to the Minnesota area. The court analyzes Andrews's claims separately below.
Title VII and Section 1981 make it unlawful for an employer to "discharge any individual . . . because of such individual's race, color, religion, sex, or national origin. . . ." 42 U.S.C. § 2000e-2(a)(1); see also 42 U.S.C. § 1981. Where, as here, Andrews is attempting to prove intentional discrimination through circumstantial evidence, the court utilizes the McDonnell Douglas Corporation v. Green, 411 U.S. 792 (1973), burden-shifting method of proof. Under this method, Andrews bears the burden of establishing a prima facie case of race discrimination. See Burke-Fowler v. Orange County, Fla., 447 F.3d 1319, 1323 (11th Cir. 2006) (citation omitted). If Andrews satisfies her initial burden, "then [Sperry Rail] must show a legitimate, non-discriminatory reason for its employment action." Id. (citation omitted). "If it does so, then [Andrews] must prove that the reason provided by [Sperry Rail] is a pretext for unlawful discrimination." Id. (citation omitted). However, "[t]he ultimate burden of persuading the trier of fact that [Sperry Rail] intentionally discriminated against [Andrews] remains at all times with [Andrews]." Springer v. Convergys Customer Mgmt. Group, Inc., 509 F.3d 1344, 1347 (11th Cir. 2007) (citation omitted).
Andrews contends that Sperry Rail discriminated against her "by refusing to promote her [to the position of chief operator or driver trainer
Still, summary judgment is due on the race promotion claim because Andrews failed to establish that Sperry Rail promoted equally or less qualified individuals outside of her protected class. For example, the only individual Andrews identifies that Sperry Rail promoted to the chief operator position was Clyde Chapman, who is also African-American, and is in the same protected class. See doc. 22-3 at 12, 31. For the same reasons, Andrews also cannot rely on James Presley to support her claim for the driver trainer position. Id. at 24. As for "Emily Barnes [Caucasian female], and another guy," the other two persons Andrews identifies for the driver trainer position, Andrews provides no information regarding the race of the "[]other guy" or this guy or Emily Barnes's relative qualifications. See Springer, 509 F.3d at 1347 ("The ultimate burden of persuading the trier of fact that [the employer] intentionally discriminated against [the plaintiff] remains at all times with the plaintiff."). Accordingly, Andrews has failed to meet her burden of establishing a prima facie case of race discrimination.
Alternatively, Andrews's race claim fails because Sperry Rail has articulated a legitimate, nondiscriminatory reason for failing to promote Andrews — i.e., Andrews's negative attitude, as evidenced by her verbal altercation with Warren, and "screaming" at Numeracki when he questioned her expense report submissions. Andrews does not dispute that she was involved in a verbal altercation with Warren
For all of these reasons, Sperry Rail's motion is due to be granted as to Count I.
Andrews's sex discrimination claim is also based on Sperry Rail's failure to promote her. See doc. 1 at 7. Relevant here, Andrews challenges the promotions of Chapman and Presley (both males) to the chief operator and driver trainer positions.
The claim also fails because Andrews has not presented any credible evidence of sex discrimination. The incidents Andrews cite fail to rise to the requisite level. Specifically, even if Andrews is correct that Warren convinced Numeracki to reprimand Andrews because of "their friendship" or because of personal animosity between Andrews and Warren's uncle, doc. 22-3 at 21, "[p]ersonal animosity is not the equivalent of sex discrimination and is not proscribed by Title VII. The plaintiff cannot turn a personal feud into a sex discrimination case by accusation." McCollum v. Bolger, 794 F.2d 602, 610 (11th Cir. 1986). Moreover, although Andrews believes that Warren encouraged Numeracki to reprimand her because Andrews is "a black woman," and believes "that would [not] have happened had [she] been a male on [the] truck," doc. 22-3 at 17, 21, Andrews has presented no evidentiary support for this contention, and admits that Warren never uttered any gender-based remarks to her or in her presence, id. at 12-13.
Unfortunately for Andrews, "unsupported speculation [that Warren or Numeracki must have acted because of Andrews's gender] does not meet a party's burden of producing some defense to a summary judgment motion. Speculation does not create a genuine issue of fact; instead, it creates a false issue, the demolition of which is a primary goal of summary judgment." Cordoba v. Dillard's, 419 F.3d 1169, 1181 (11th Cir. 2005) (quoting Hedberg v. Ind. Bell Tel. Co., 47 F.3d 928, 931-32 (7th Cir. 1995)) (ellipsis and emphasis in Cordoba, internal quotation marks omitted). Other than Andrews's own belief that gender animus motivated the disciplinary warnings, which purportedly led to Sperry Rail's failure to promote her, the record contains no evidence of sex discrimination. Therefore, Sperry Rail's motion is also due to be granted as to Count II.
Finally, Andrews alleges retaliation "in the forms of discipline and transfer for opposing and reporting unlawful discrimination." Doc. 1 at 9. To establish a prima facie case, Andrews must show that: (1) she engaged in statutorily protected expression; (2) she suffered an adverse employment action; and (3) there is a causal relation between the two events. See Thomas v. Cooper Lighting, Inc., 506 F.3d 1361, 1363 (11th Cir. 2007). As an initial matter, there is no evidence that Andrews engaged in any protected expression prior to the reprimand she challenges. Accordingly, any retaliation claim based on the reprimand fails.
The transfer claim also fails because Sperry Rail initiated it before Andrews filed her EEOC charge
For the reasons stated above, Sperry Rail's motion for summary judgment, doc. 20, is due to be granted. The court will enter a separate order contemporaneously herewith.