THOMAS W. THRASH, JR., District Judge.
This is an employment discrimination action. It is before the Court on the Report and Recommendation [Doc. 35] of the Magistrate Judge recommending granting the Defendants' Motion for Summary Judgment [Doc. 32]. The Plaintiff was fired for stealing merchandise from her employer. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Defendants' Motion for Summary Judgment [Doc. 32] is GRANTED.
RUSSELL G. VINEYARD, United States Magistrate Judge.
Plaintiff Monique Scott ("Scott") brings this action against defendant Shoe Show, Inc. ("Shoe Show"), alleging claims of discrimination and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e et seq., and the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.
In compliance with Local Rule 56.1B(1), Shoe Show, as movant, filed a statement of material facts as to which there is no genuine issue to be tried. [Doc. 31-1]. Scott was required to submit a response under Local Rule 56.1B(2)a, but she failed to do so. Specifically, Local Rule 56.1B(2) requires the non-moving party to include with the responsive brief "[a] response to the movant's statement of undisputed facts[ ] ... [that] contain[s] individually numbered, concise, nonargumentative responses corresponding to each of the movant's numbered undisputed material facts." LR 56.1B(2)a(1), NDGa.; see also Linao v. GCR Tire Ctrs., Civil Action No. 2:09-CV-134-RWS, 2010 WL 4683508, at *2 (N.D.Ga. Nov. 12, 2010). If the non-moving party fails to respond to a material fact contained in the moving party's statement by directly refuting the fact with concise responses supported by specific citations to evidence, stating a valid objection to the admissibility of the fact, pointing out that the movant's citation does not support the movant's fact, or showing that the movant's fact is not material, the fact will be deemed admitted. See LR 56.1B(2)a(2), NDGa.; BMU, Inc. v. Cumulus Media, Inc., 366 Fed.Appx. 47, 49 (11th Cir.2010) (per curiam) (unpublished). Accordingly, the factual statements contained in Shoe Show's statement of material facts as to which there is no genuine issue to be tried, [Doc. 31-1], are deemed admitted. Nevertheless, the Court has disregarded those facts that are not material, are supported by a citation to a pleading rather than to evidence, or are stated as issues or legal conclusions, see LR 56.1B(1)-(2), NDGa., and the facts will be construed in the light most favorable to Scott as required on a motion for summary judgment, Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Knight v. Baptist Hosp. of Miami, Inc., 330 F.3d 1313, 1316 (11th Cir.2003) (per curiam).
Shoe Show is a retailer of footwear and accessories that operates retail stores in 38 states, including Georgia. [Doc. 31-3 (Manning Decl.) 113].
As a Sales Associate with Shoe Show, Scott's job duties included greeting customers, assisting customers in finding certain shoes or the correct shoe size, stocking the store's shelves, operating the computerized cash register, and completing a sale, which involved accepting various forms of payments from customers. [Id. at 33-36 pp. 33-36, 62-63 pp. 62-63]. Scott did not experience any difficulties in performing her job duties, and she did not request, nor did she require, any sort of accommodation in order to perform these duties. [Id. at 37 p. 37, 63-64 pp. 63-64]. Scott believed that her job performance was good. [Id. at 36 p. 36, 64 p. 64].
On August 31, 2011, Broome, Shoe Show's Loss Prevention Investigator, conducted an investigation of the Stockbridge store due to the corporate office's concern regarding the high number of refunds being authorized at that store. [Doc. 29 (Broome Dep.) at 18 p. 17,114-15 pp. 113-14; Doc. 31-3 ¶ 7]. Broome interviewed four employees at the store, including Scott. [Doc. 29 at 46 p. 45; Doc. 31-3 II 7]. Prior to interviewing Scott, Broome provided her with an Interview Acknowledgment form,
Broome took notes during the interview and specifically wrote down statements made by Scott. [Doc. 28 at 76 p. 76; Doc. 28-12]. In particular, Broome quoted Scott as saying, "I first started doing it by Nov. 2008"; "[t]he last time was by July 2011"; the "most I gave a way in one month = 10 pairs [and] I averaged at least 5 per month"; "I know it's at least 100"; "27 months × 5 pairs of shoes per month = 135 pairs of shoes"; "Average pair cost = $39.98 to 49.28"; "I didn't care if they did it"; "I would give them the [coast] is clear [and] let them take shoes[.] I just didn't care"; and "[t]hey were schoolmates, friends, relatives [and] neighbors[.] The word just got out that I would hook up." See [Doc. 28-12]. Scott reviewed these notes, wrote on the left side margin of the notes that "[t]he notes right true and I do own the money," [sic] and she then signed her name and dated it as August 30, 2011. [Id.]; see also [Doc. 28 at 76-80 pp. 76-80].
Scott also wrote a letter to the company dated August 30, 2011, which states in pertinent part as follows:
[Doc. 28 at 81 p. 81; Doc. 28-13]. Broome left the room while Scott prepared this
At the conclusion of the interview, Scott signed a Counseling Conference memorandum in which she acknowledged that she had allowed other individuals to take over $5,000 worth of shoes from the store without paying for them. [Doc. 28 at 84-86 pp. 84-86; Doc. 28-14]. In the section titled "Employee comments," Scott wrote, "I agree to the give away shoe, [sic] I'm sorry and I will never let it happen again." [Doc. 28-14].
Following her termination from Shoe Show, Scott underwent a psychological evaluation on October 20, 2011, with Valerie McAdams, Psy.D. ("Dr. McAdams"), of Premier Psychological Center, Inc., based on a referral from the Georgia Department of Vocational Rehabilitation. [Doc. 28 at 92 p. 92; Doc. 31-12 at 9-13]. During the evaluation, Dr. McAdams administered several standard psychological tests, interviewed Scott, and then diagnosed her with an unspecified learning disorder, with a need to rule out a reading disorder. See [Doc. 31-12 at 9-13].
On February 15, 2012, Scott filed a Charge of Discrimination ("Charge") with
[Doc. 28-17].
In deciding a motion for summary judgment, the Court views all evidence in the light most favorable to and draws all reasonable inferences in the favor of the non-moving party. Gray v. City of Jacksonville, Fla., 492 Fed.Appx. 1, 3 (11th Cir. 2012) (per curiam) (unpublished) (citations omitted). "Summary judgment shall be granted if the movant shows that there is `no genuine issue as to any material fact', such that the movant is entitled to judgment as a matter of law." Jerome v. Barcelo Crestline, Inc., 507 Fed.Appx. 861, 863 (11th Cir.2013) (per curiam) (unpublished) (quoting Fed.R.Civ.P. 56(a)); see also Holmes v. Ga. ex rel. Strickland, 503 Fed.Appx. 870, 872-73 (11th Cir.2013) (per curiam) (unpublished) (citations omitted); Young v. FedEx Express, 432 Fed.Appx. 915, 916 (11th Cir.2011) (per curiam) (unpublished) (citation omitted); Gaylor v. Greenbriar of Dahlonega Shopping Ctr., Inc., 975 F.Supp.2d 1374, 1382 (N.D.Ga. 2013).
The party moving for summary judgment bears the initial burden of demonstrating the absence of any genuine issue of material facts, upon which the non-moving party must then submit specific facts showing a genuine issue for trial. Fed. R.Civ.P. 56(e); see also Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Gaylor, 975 F.Supp.2d at 1382; Premier Assocs., Inc. v. EXL Polymers, Inc., No. 1:08-cv-3490-WSD, 2010 WL 2838497, at *8 (N.D.Ga. July 19, 2010) (citations omitted). "[A] party opposing a properly supported motion for summary judgment may not rest upon mere allegation[s] or denials of [her] pleading, but must set forth specific facts showing that there is a genuine issue for trial." Jackson v. B & L Disposal, Inc., 425 Fed.Appx. 819, 820 (11th Cir.2011) (per curiam) (unpublished) (first alteration in original) (citation and internal marks omitted); see also Shuler v. Ingram & Assocs., 441 Fed.Appx. 712, 715 (11th Cir. 2011) (per curiam) (unpublished) (citation and internal marks omitted); Bryant v. U.S. Steel Corp., 428 Fed.Appx. 895, 897 (11th Cir.2011) (per curiam) (unpublished) (citation omitted).
"Speculation or conjecture cannot create a genuine issue of material fact." Shuler, 441 Fed.Appx. at 715 (citation omitted); see also Howard v. Or. Television, Inc., 276 Fed.Appx. 940, 941 (11th Cir.2008) (per curiam) (unpublished) (citation omitted); Goodman v. Ga. Sw., 147 Fed.Appx. 888, 891 (11th Cir.2005) (per curiam) (unpublished) (citation and internal marks omitted) ("All reasonable inferences arising from the undisputed facts should be made in favor of the nonmovant, but an inference based on speculation and conjecture is not reasonable."). "Moreover, the non-moving party cannot create a genuine issue through evidence that is `merely colorable' or `not significantly probative.'" Morales v. Ga. Dep't of Human Res., 446 Fed.Appx. 179, 181 (11th Cir.2011) (per curiam) (unpublished) (citation omitted). That is, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Gaylor, 975 F.Supp.2d at 1382 (citation and internal
Shoe Show moves for summary judgment on Scott's remaining claims of discrimination and a hostile work environment under Title VII and the ADA, [Doc. 32], which Scott opposes in part, [Doc. 33].
"Before filing suit under Title VII ..., a plaintiff must exhaust the available administrative remedies by filing a charge with the EEOC." Anderson v. Embarq/Sprint, 379 Fed.Appx. 924, 926 (11th Cir.2010) (per curiam) (unpublished) (citations omitted); see also Edwards v. Nat'l Vision Inc., No. 13-12876, 568 Fed.Appx. 854, 859, 2014 WL 2611192, at *4 (11th Cir. June 12, 2014) (per curiam) (unpublished) (citation omitted); Francois v. Miami Dade Cnty., Port of Miami, 432 Fed.Appx. 819, 821 (11th Cir.2011) (per curiam) (unpublished); Poulsen v. Publix Super
Although a plaintiff's failure to include allegations of a particular type of discrimination or discriminatory act in an EEOC charge does not necessarily preclude a judicial complaint based on such allegations, "the `scope' of the judicial complaint is limited to the `scope' of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination." Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir. 1970)
"When considering the extent of a reasonable investigation by the EEOC, courts begin with the EEOC charge itself, with a particular focus on the factual statement contained therein." Freeman, 777 F.Supp.2d at 1277 (citation omitted). That is, "[c]laims that amplify, clarify, or more clearly focus earlier complaints are appropriate, but allegations of new acts of discrimination, offered as the essential basis for the requested judicial review are not appropriate." Gay, 427 Fed.Appx. at 745 (citations and internal marks omitted). A judicial complaint, however, may include any allegations investigated by the EEOC, even if the investigation was broader than the EEOC charge triggering the investigation because the EEOC has had the opportunity to effect voluntary compliance with
Scott identified disability discrimination in violation of the ADA as the sole basis of her EEOC Charge. See [Doc. 31-9 at 3]. Specifically, Scott marked discrimination based on disability as the reason for her claim, and alleged that she had "been discriminated against because of [her] disability in violation of Title I of the [ADA]." [Id.]. Scott's complaint, however, alleges discrimination based on her disability in violation of Title VII and the ADA, among other things.
Shoe Show has also attached Scott's EEOC Intake Questionnaire which shows that the only box marked on this form is the disability box. See [Docs. 31-7 & 31-8]. Furthermore, a letter to Scott's attorney from the EEOC investigator indicates that the EEOC only investigated Scott's claims that she was "denied a reasonable accommodation, suspended, and discharged because of her disability in violation of Title I of the [ADA]." See [Doc. 28-18 at 1]. In considering all of the documents properly before the Court, it is clear that nothing in Scott's filings with the EEOC even mentions discrimination based on a characteristic protected under Title VII or reflects an intention to pursue any Title VII claims against Shoe Show, see Chanda, 234 F.3d at 1224-25, and the substance of the EEOC Charge was clearly limited to disability discrimination in violation of the ADA, [Doc. 31-9 at 3]. Furthermore, after liberally construing the EEOC Charge, the Court concludes that discrimination claims based on a protected characteristic under Title VII could not reasonably
Based on the evidence before the Court, the EEOC did not receive notice of or investigate any claims under Title VII against Shoe Show. Because any such claims are not reasonably related to the allegations presented at the administrative level, they exceed the scope of the EEOC complaint and investigation. See Canty, 736 F.Supp.2d at 1362 (finding plaintiff had failed to exhaust administrative remedies as to race discrimination claims, among others, that were not even suggested by the EEOC charge, which only mentioned ADEA claims relating to a vacation request and scheduling grievance); Sessom v. Wellstar Hosp., Civil Action File No. 1:08-CV-2057-TWT, 2009 WL 1562876, at *3 (N.D.Ga. May 29, 2009), adopted at *1 (finding disability discrimination claim not reasonably expected to grow out of EEOC charge, which only referenced discrimination on the basis of sex and retaliation); Baldwin v. Harris Cnty., Civil Action No. 11-04-3822, 2005 WL 6457562, at *2-3 (S.D.Tex. Nov. 15, 2005) (dismissing plaintiff's Title VII claims where EEOC charge referred only to the ADA and there was no reasonable expectation that the EEOC would investigate discrimination claims based on race or national origin). Thus, to the extent Scott attempts to assert claims against Shoe Show under Title VII, the claims are barred for failure to exhaust her administrative remedies. See Hernandez v. Mohawk Indus., Inc., No. 6:08-cv-927-Or1-28GJK, 2009 WL 3790369, at *4 (M.D.Fla. Nov. 10, 2009) (citations omitted) (finding plaintiff's claim of age discrimination could not reasonably be expected to grow out of an investigation on his charge of disability discrimination, stating, "[s]uch assertions by discrimination plaintiffs who seek to add totally unrelated forms of discrimination in court after filing a charge on a different basis have been repeatedly rejected in this circuit."). Accordingly, it is hereby
Scott alleges that Shoe Show discriminated against her on the basis of her disability in violation of the ADA. See [Doc. 1]. "Title I of the ADA specifically addresses discrimination in the employment context," Marsh v. Ga. Dep't of Behavioral & Health Developmental Disabilities, No. CV410-273, 2011 WL 806423, at *2 n. 9
42 U.S.C. § 12112(a).
Where, as here, there is no direct evidence of discrimination, "[t]he burden-shifting analysis of Title WI employment discrimination claims is applicable to [Scott's] ADA claims." Earl v. Mervyns, Inc., 207 F.3d 1361, 1365 (11th Cir.2000) (per curiam) (citation omitted); see also Jest v. Archbold Med. Ctr., Inc., 561 Fed. Appx. 887, 889 (11th Cir.2014) (per curiam) (unpublished) (citation omitted) ("We analyze ADA discrimination claims under the burden-shifting analysis applied to Title WI claims."). Thus, a plaintiff alleging employment discrimination under the ADA bears the initial burden of establishing a prima facie case. Chancey v. Fairfield S. Co., 949 F.Supp.2d 1177, 1183 (N.D.Ala. 2013); see also Gilliard v. Ga. Dep't of Corr., 500 Fed.Appx. 860, 866-67 (11th Cir.2012) (per curiam) (unpublished). If Scott "is able to advance a prima facie case of [discrimination], the burden then shifts... to [Shoe Show] to articulate legitimate, non-discriminatory reasons for the alleged [discriminatory] acts." Robinson v. Rock-Tenn CP, LLC, 986 F.Supp.2d 1287, 1311 (N.D.Ala.2013) (citation omitted).
In order to succeed on a claim under the ADA, Scott must show that: "(1) [s]he is disabled; (2)[s]he was a qualified individual at the relevant time, meaning [s]he could perform the essential functions of the job in question with or without reasonable accommodations; and (3)[s]he was discriminated against [or suffered an adverse employment action]
Shoe Show concedes for purposes of its motion that Scott has a disability as defined by the ADA. See [Doc. 31-2 at 6 n. 4]. Shoe Show, however, argues that Scott has failed to show that it was aware of her disability, that her disability was in any way connected to her termination, or that her termination arose out of circumstances that raise an inference of discrimination. [Id at 6-12]. The undersigned finds that Scott has failed to establish a prima facie case of disability discrimination based on her termination because she has not shown that Shoe Show knew she had a disability at the time it took adverse action.
Shoe Show argues that Scott has failed to establish a prima facie case of discriminatory discharge based on her disability because there is no evidence that anyone at Shoe Show, much less the decision: maker, had actual knowledge of her disability at the time she was interviewed regarding the thefts and subsequently terminated. See [Doc. 31-2 at 6-9; Doc. 34 at 2-3]. The Court agrees.
"It is well established in this Circuit that `a decision-maker who lacks actual knowledge of an employee's disability cannot fire the employee because of that disability.'" Williamson v. Clarke Cnty. Dep't of Human Res., 834 F.Supp.2d 1310, 1322-23 (S.D.Ala.2011) (citation and internal marks omitted) (quoting Cordoba v. Dillard's, Inc., 419 F.3d 1169, 1186 (11th Cir.2005)). "Simply put, an employee cannot be fired because of a disability unless the decisionmaker has actual knowledge of that disability." Id. at 1323 (emphasis, citation, and internal marks omitted). That is, mere constructive knowledge of a disability is insufficient. See id. (citing Cordoba, 419 F.3d at 1185). Therefore, "as part and parcel of [her] prima facie showing, [Scott] must come forward with evidence from which a reasonable factfinder could conclude that [Shoe Show or the decision-maker, Manning] had actual knowledge of [her] disability." Id.; see also Rogers v. CH2M Hill, Inc., 18 F.Supp.2d 1328, 1336 (M.D.Ala.1998) (citation and internal marks omitted) ("[P]roving discrimination under the ADA requires that an employee must show that the employer knew of such employee's substantial physical or mental limitation.").
It is undisputed that throughout both periods of her employment with
Even if the Court assumed for purposes of Shoe Show's motion that Scott could establish a prima facie case, her discrimination claim would still fail because she has not shown that Shoe Show's proffered legitimate, non-discriminatory reason for her termination was a pretext for discrimination. Specifically, Shoe Show explained that it terminated Scott based on her admission that she had allowed other individuals to take merchandise from the store in clear violation of the company's loss prevention policies. See [Doc. 31-3 ¶¶ 8-11]. Because this explanation constitutes a legitimate, non-discriminatory reason for the alleged employment decision at issue, see McCoy v. Geico Gen. Ins. Co., 510 F.Supp.2d 739, 752 (M.D.Fla.2007) (plaintiff's violations of company policies constitutes legitimate, nondiscriminatory reason for his termination under the ADA), the onus is on Scott to prove by a preponderance of the evidence that the reason provided by Shoe Show is a pretext for prohibited, discriminatory conduct, See Price v. Facility Mgmt. Grp., Inc., 403 F.Supp.2d 1246, 1260-61 (N.D.Ga.2005).
To demonstrate pretext, Scott's evidence must reveal "`such weaknesses, implausibilities, inconsistencies, incoherencies or contradictions in the employer's proffered legitimate reasons for its actions that a reasonable factfinder could find them unworthy of credence.'" Maples v. UHS of Ga., Inc., 716 F.Supp.2d 1266, 1274 (N.D.Ga.2010) (quoting Combs v. Plantation Patterns, 106 F.3d 1519, 1538 (11th Cir.1997)). Scott may prove pretext by "either proving that intentional discrimination motivated the employer or producing sufficient evidence to allow a rational trier of fact to disbelieve the legitimate reason proffered by the employer, which permits, but does not compel, the trier of fact to find illegal discrimination." Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1088 (11th Cir.2004) (citations omitted); see also Shuford v. City of Montgomery, Civil Action No. 2:10cv203-WHA-WC (WO), 2011 WL 1375297, at *5 (M.D.Ala. Apr. 12, 2011). Thus, Scott may create an issue of fact at the pretext stage by (1) presenting evidence that Shoe Show's proffered reason is not worthy of
"Pretext means more than a mistake on the part of the employer; pretext means a lie, specifically a phony reason for some action." Tolley v. United Parcel Serv., No. Civ.A.1:05CV606TWT, 2006 WL 486523, at *5 (N.D.Ga. Feb. 27, 2006) (citations and internal marks omitted). "Thus, the inquiry is limited to whether the employer offered an honest, [non-discriminatory] explanation for terminating the employee, regardless of whether the decision might have been mistaken." Id. (citations omitted). "Ultimately, an employee must meet the employer's stated reason `head on and rebut it, and [she] cannot succeed by simply quarreling with the wisdom of that reason.'" Young, 432 Fed.Appx. at 917 (citation omitted).
Scott has failed to adequately address Shoe Show's legitimate, nondiscriminatory reason for its action, see generally [Doc. 33], much less show that it was pretextual, see Crawford v. City of Fairburn, Ga., 482 F.3d 1305, 1308 (11th Cir.2007) (plaintiff must proffer sufficient evidence to create a genuine issue of material fact regarding whether each of the defendant employer's articulated reasons is pretextual, or the employer is entitled to summary judgment); Chapman v. AI Transport, 229 F.3d 1012, 1024-25 (11th Cir.2000) (same). Scott "cannot establish pretext by simply demonstrating facts that suggest [discriminatory] animus, but must specifically respond to each of the employer's explanations and rebut them." Burgos-Stefanelli v. Sec'y, U.S. Dep't of Homeland Sec., 410 Fed.Appx. 243, 247 (11th Cir.2011) (per curiam) (unpublished) (citation omitted). "If the plaintiff fails to demonstrate that there is a genuine issue of material fact concerning whether the employer's articulated reasons for the adverse employment action are pretextual, then the employer is entitled to summary judgment on the [discrimination] claim." Johnson v. Advertiser Co., 778 F.Supp.2d 1270, 1277 (M.D.Ala.2011) (citing Combs, 106 F.3d at 1528). Furthermore, "[t]his Court need not cull through the materials... searching for evidence which creates a disputed issue where [p]laintiff has provided no direction." Maitland v. Employease, Inc., No. Civ.A.1:05-CV-0661-, 2006 WL 3090120, at *12 (N.D.Ga. Oct. 13, 2006), adopted at *1.
Scott argues, without any supporting citations to evidence in the record, that her admission and written statement was "given under duress" and that she was coerced into providing a confession. See [Doc. 33 at 2, 4]. However, "[m]ere conclusions and unsupported factual allegations are legally insufficient to create a dispute to defeat summary judgment." Savage v. Ga. Dep't of Transp., Civil Action No. 1:10-CV-2459-TWT-GGB, 2011 WL 7063360, at *3 (N.D.Ga. Dec. 27, 2011), adopted by 2012 WL 161887, at *1 (N.D.Ga. Jan. 19, 2012) (citation and internal marks omitted). Indeed, "[b]y failing to present significant probative evidence on th[is] issue to avoid summary judgment, [Scott] does not meet [her] burden of establishing pretext for discrimination." Taylor v. Teakdecking Sys., Inc., No. 8:11-CV-02709-T-24-TGW, 2013 WL 1437741, at *7 (M.D.Fla. Apr. 9, 2013) (citation and internal marks omitted); see also Holifield v. Reno, 115 F.3d 1555, 1564 n. 6 (11th Cir.1997) (per curiam) (citations omitted) ("[C]onclusory assertions... in the absence of supporting
Furthermore, the Eleventh Circuit has held:
Smith v. PAPP Clinic, P.A., 808 F.2d 1449, 1452 (11th Cir.1987). "Here, nothing in the record usurps [Shoe Show's] contention that [it] honestly believed [Scott] violated [its] policies." King v. Augusta, Ga., No. CV 106-148, 2008 WL 268913, at *8 (N.D.Ga. Jan. 29, 2008) (citation omitted). "The Court will not second-guess [Shoe Show's] assessment[] and ultimate decision; [the Court is] not interested in whether the conclusion is a correct one, but whether it is an honest one." King v. Butts Cnty., Ga., 939 F.Supp.2d 1310, 1329 (M.D.Ga.2013) (footnote and internal marks omitted). "In the end, the issue in this lawsuit is not whether [Scott] actually committed a ... violation, or whether any violation should have been excused ... [; t]he issue is whether [Scott] was terminated because [Shoe Show] believed that [s]he had committed a violation. Even a mistaken, unfairly arrived at belief that an employee committed a[] violation does not suggest discrimination." Goode v. Wings of Alpharetta, Inc., Civil Action No. 1:11-CV-1337-WSD-JSA, 2013 WL 997669, at *15 (N.D.Ga. Jan. 18, 2013), adopted by 2013 WL 997558, at *5 (N.D.Ga. Mar. 13, 2013) (citation omitted). Because Scott has essentially failed to address Shoe Show's argument or present any rebuttal evidence to Shoe Show's legitimate, non-discriminatory reason, she has failed to create any genuine issue with regard to pretext. See Morrison, 432 Fed.Appx. at 881; Burgos-Stefanelli, 410 Fed.Appx. at 247; Odum v. Gov't Emps. Ins. Co., 405 Fed.Appx. 396, 396 (11th Cir.2010) (per curiam) (unpublished); Jenkins v. J.C. Penny, Inc., Civil Action No. CV107-034, 2009 WL 2524499, at *3 (S.D.Ga. Aug. 17, 2009). Accordingly, it is
For the foregoing reasons, it is
The Clerk is
[Doc. 28-11].
[Doc. 28-18 (emphasis omitted)].