WILLIAM H. STEELE, Chief Judge.
This matter comes before the Court on defendant's Motion for Summary Judgment (doc. 39), with incorporated memorandum of law and accompanying exhibits.
Plaintiff, Jada McCants Williams, brought this action against defendant, Aircraft Workers Worldwide, Inc. ("Aircraft Workers"), alleging race discrimination in employment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Although it is not a model of clarity, the unverified Second Amended Complaint (doc. 22) alleges that Aircraft Workers terminated Williams' employment in or about October 2008 because
The record on summary judgment reflects that Aircraft Workers is an employee leasing company that recruits aircraft mechanics and leases them to aircraft maintenance facilities. (Hardin Aff. (doc. 42-1), ¶ 2.) Aircraft Workers hired Williams in October 2007 as a recruiter and drug test coordinator. (Id.) In that capacity, her responsibilities included performing background checks on potential hires and coordinating drug tests for current and prospective employees. (Id.)
The record reflects that defendant experienced substantial problems with Williams' performance. In particular, the uncontroverted evidence is that in approximately February 2008, Williams hired a third-party vendor to perform background checks for 61 people at $80 apiece, then wrote a company check to the vendor in an amount exceeding $4,000. (Hardin Aff., ¶¶ 3-4; doc. 39, Exhs. 1-2.)
Several months later, in May 2008, Aircraft Workers received written notice from the Federal Aviation Administration ("FAA") that the company had not complied with its obligation to submit an annual report summarizing the results of its drug and alcohol testing by no later than March 15, 2008. (Hardin Aff., ¶ 7; doc. 39, Exh. 6.)
On October 21, 2008, Aircraft Workers terminated Williams' employment. (Doc. 39, Exh. 5; Hardin Aff., ¶ 10.) The written notice of termination prepared by defendant stated that the reasons for Williams' discharge were the following: "Lack of Performance," "Violation of Company Policy Regarding Drug and Alcohol Testing," "Poor Attendance," and "Misappropriation of Company Funds." (Doc. 39, Exh. 5; Hardin Aff., ¶ 10.) The decision-maker, Daniel Hardin (Aircraft Workers' CEO), avers that he terminated Williams' employment because of "her failure to perform the duties of her job." (Hardin Aff., ¶ 12.)
Summary judgment should be granted only "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(a), Fed.R.Civ.P. The party seeking summary judgment bears "the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial." Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). Once the moving party has satisfied its responsibility, the burden shifts to the non-movant to show the existence of a genuine issue of material fact. Id. "If the nonmoving party fails to make `a sufficient showing on an essential element of her case with respect to which she has the burden of proof,' the moving party is entitled to summary judgment." Id. (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)) (footnote omitted). "In reviewing whether the nonmoving party has met its burden, the court must stop short of weighing the evidence and making credibility determinations of the truth of the matter. Instead, the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 999 (11th Cir.1992) (internal citations and quotations omitted). "Summary judgment is justified only for those cases devoid of any need for factual determinations." Offshore Aviation v. Transcon Lines, Inc., 831 F.2d 1013, 1016 (11th Cir.1987) (citation omitted).
The Eleventh Circuit has expressly rejected the notion that summary judgment should seldom be used in employment discrimination cases because they involve issues of motivation and intent. See Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th Cir.2004). Rather, "the summary judgment rule applies in job discrimination cases just as in other cases. No thumb is to be placed on either side of the scale." Id. at 1086 (citation omitted).
Also, plaintiff's pro se status does not entitle her to special treatment on summary judgment, nor does it exempt her from compliance with Rule 56 and the orders of this Court. See, e.g., Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007) (explaining that "we are to give liberal construction to the pleadings of pro se litigants," but that "we nevertheless have required them to conform to procedural rules") (citation omitted); Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.1989) (a pro se party "is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure," and may be sanctioned "for failure to comply with court orders"); Local Rule 83.9(b).
As noted supra, Williams filed no response to the Motion. Summary judgment is not automatically granted by virtue of a non-movant's silence. See U.S. v. One Piece of Real Property Located at 5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101 (11th Cir.2004) ("[T]he district court cannot base the entry of summary judgment on the mere fact that the motion was unopposed, but, rather, must consider the merits of the motion ... [and] ensure that the motion itself is supported by evidentiary materials.").
Nonetheless, a court is not obligated to read minds or to construct arguments or theories that a party has failed to raise. See Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir.1995) ("There is no burden upon the district court to distill every potential argument that could be made based upon the materials before it on summary judgment.").
In reviewing the record in this case, an obvious question is whether the Court can or should consider the factual allegations of Williams' unverified complaint in counterpoint to Aircraft Workers' Rule 56 evidentiary showing. A long line of authorities answers that question in the negative. See, e.g., Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (nonmoving party is required "to go beyond the pleadings ... [to] designate specific facts showing that there is a genuine issue for trial"); Gargiulo v. G.M. Sales, Inc., 131 F.3d 995, 999 (11th Cir. 1997) (non-movant, "to oppose the appellees' properly supported motion for summary judgment, must come forward with specific factual evidence, presenting more than mere allegations").
The new, revised version of Rule 56 omits this language. Nonetheless, the Court is of the opinion that the underlying principle (i.e., that a non-movant must go beyond the factual allegations of its pleadings to satisfy its burden of production in response to a properly supported motion for summary judgment) remains intact, for three reasons. First, federal district courts have routinely applied that principle even after the December 1, 2010 iteration of Rule 56 took effect.
For all of these reasons, the Court will not consider the bare factual allegations of Williams' Second Amended Complaint as record materials contradicting Aircraft Workers' properly supported motion for summary judgment or giving rise to genuine issues of material fact. Rather, given Williams' failure properly to address Aircraft Workers' assertions of fact as required by Rule 56(c), the Court in its discretion may "grant summary judgment if the motion and supporting materials — including the facts considered undisputed — show that the movant is entitled to it." Rule 56(e)(3), Fed.R.Civ.P. On that basis, the undersigned now examines the sufficiency of Aircraft Workers' factual and legal showing that it is entitled to summary judgment.
Defendant's Motion for Summary Judgment is properly evaluated under the time-honored McDonnell Douglas standard. Absent direct evidence of discrimination (which Williams has not presented), Aircraft Workers must make a showing of circumstantial evidence that satisfies the test set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under this familiar burden-shifting analysis, plaintiff is required to make out a prima facie case of race discrimination.
At that point, "the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for the adverse employment action.... If the employer does this, the burden shifts back to the plaintiff to show that the employer's stated reason was a pretext for discrimination." Crawford v. Carroll, 529 F.3d 961, 976 (11th Cir.2008) (citations and internal quotation marks omitted). A plaintiff may establish pretext "either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence." Brooks v. County Com'n of Jefferson County, Ala., 446 F.3d 1160, 1163 (11th Cir.2006) (quotation omitted). Either way, "[i]f the proffered reason is one that might motivate a reasonable employer, a plaintiff cannot recast the reason but must meet it head on and rebut it.... Quarreling with that reason is not sufficient." Wilson, 376 F.3d at 1088; see also Rioux v. City of Atlanta, Ga., 520 F.3d 1269, 1278 (11th Cir.2008) ("It is the plaintiff's burden not merely to raise a suspicion regarding an improper motive, but rather to demonstrate there is a genuine issue of material fact that the employer's proffered reason ... was pretextual."). "The ultimate burden of persuading the trier of fact that the defendant intentionally
Williams' sole claim is that Aircraft Workers terminated her employment because she is African-American, in violation of Title VII.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show that "(1) she belongs to a protected class; (2) she was qualified to do the job; (3) she was subjected to adverse employment action; and (4) her employer treated similarly situated employees outside her class more favorably." Crawford, 529 F.3d at 970; see also McCann v. Tillman, 526 F.3d 1370, 1373 (11th Cir.2008) (similar).
Defendant challenges Williams' ability to satisfy the fourth element. Importantly, "[a] plaintiff does not shift the burden to the defendant under McDonnell Douglas merely by stating that he was fired or treated unfavorably. McDonnell Douglas requires the plaintiff to establish a prima facie case which includes identifying an individual who replaced him or was treated better than he was who was not a member of his protected class." Morris v. Emory Clinic, Inc., 402 F.3d 1076, 1082 (11th Cir.2005). The applicable standard for this element is as follows: "Where the racial discrimination is alleged in the application of work rules to discipline an employee, and where there is no claim that the employee did not violate the work rules, as here, then plaintiff must show that he engaged in misconduct similar to that of a person outside the protected class, and ... the disciplinary measures enforced against him were more severe than those enforced against the other persons who engaged in similar misconduct." Rioux, 520 F.3d at 1276 (internal quotes omitted).
Even if Williams had made out a prima facie case of race discrimination (which she has not), defendant's Motion for Summary Judgment would be properly granted. Aircraft Workers has met its modest burden of production by coming forward with legitimate nondiscriminatory reasons (namely, lack of performance, misappropriation of funds, violation of company policy, and poor attendance) for its decision to terminate her employment. See generally Page v. Winn-Dixie Montgomery, Inc., 702 F.Supp.2d 1334, 1349 (S.D.Ala.2010) (employer's intermediate burden to offer legitimate, nondiscriminatory reasons for the employment action is "exceedingly light"). Defendant having come forward with legitimate nondiscriminatory reasons for the challenged personnel action, it is incumbent on Williams to show that these stated reasons are a pretext for race discrimination. See Brown, 597 F.3d at 1174 (once employer articulates reason, "the presumption of discrimination is rebutted, and the burden of production shifts to the plaintiff to offer evidence that the alleged reason ... is a pretext for illegal discrimination") (citation omitted). To demonstrate pretext, the plaintiff'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." Vessels v. Atlanta Independent School System, 408 F.3d 763, 771 (11th Cir.2005) (quotation omitted).
Plaintiff advances no arguments and presents no facts tending to cast doubt on Aircraft Workers' stated justification for terminating her employment. To the contrary,
As shown by the foregoing discussion, plaintiff has failed to establish a prima facie case of unlawful race discrimination, or to demonstrate facts from which a reasonable factfinder could conclude that Aircraft Workers' stated legitimate reasons for terminating her employment were a pretext for racial animus. Accordingly, defendant's Motion for Summary Judgment (doc. 39) is