Filed: Jul. 28, 2010
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT JULY 28, 2010 No. 09-16498 JOHN LEY Non-Argument Calendar CLERK _ D. C. Docket No. 09-00364-CV-IPJ BYRON I. WILSON, Plaintiff-Appellant, versus BELLSOUTH TELECOMMUNICATIONS INC., Defendant-Appellee. _ Appeal from the United States District Court for the Northern District of Alabama _ (July 28, 2010) Before BLACK, BARKETT and HULL, Circuit Judges. PER CURIAM: Byron Wils
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT JULY 28, 2010 No. 09-16498 JOHN LEY Non-Argument Calendar CLERK _ D. C. Docket No. 09-00364-CV-IPJ BYRON I. WILSON, Plaintiff-Appellant, versus BELLSOUTH TELECOMMUNICATIONS INC., Defendant-Appellee. _ Appeal from the United States District Court for the Northern District of Alabama _ (July 28, 2010) Before BLACK, BARKETT and HULL, Circuit Judges. PER CURIAM: Byron Wilso..
More
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JULY 28, 2010
No. 09-16498 JOHN LEY
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 09-00364-CV-IPJ
BYRON I. WILSON,
Plaintiff-Appellant,
versus
BELLSOUTH TELECOMMUNICATIONS INC.,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(July 28, 2010)
Before BLACK, BARKETT and HULL, Circuit Judges.
PER CURIAM:
Byron Wilson, proceeding pro se, appeals the district court’s grant of
BellSouth Telecommunications, Inc.’s (BST) motion for summary judgment as to
his complaint alleging racial discrimination and retaliation under Title VII and 42
U.S.C. § 1981. Wilson asserts he established prima facie cases of both race
discrimination and retaliation, and the district court erred in concluding otherwise.
After review,1 we affirm the district court’s grant of summary judgment to BST.
Wilson relies on circumstantial evidence to support his complaints of
discrimination and retaliation, and we will assume, without deciding, that Wilson
established prima facie cases of race discrimination and retaliation. After a plaintiff
establishes a prima facie case, the employer must proffer a legitimate,
nondiscriminatory and non-retaliatory reason for the adverse employment action.
Holifield v. Reno,
115 F.3d 1555, 1566 (11th Cir. 1997).
Id. at 1566. If the
employer offers legitimate reasons for the employment action, the plaintiff must
then demonstrate the employer’s proffered explanation is pretext for discrimination
or retaliation.
Id. “The plaintiff must meet the reason proffered head on and rebut
it.” Crawford v. City of Fairburn,
482 F.3d 1305, 1308 (11th Cir. 2007).
1
We review the district court’s ruling on summary judgment de novo. Rojas v. Florida,
285 F.3d 1339, 1341 (11th Cir. 2002). “When deciding whether summary judgment is
appropriate, all evidence and reasonable factual inferences drawn therefrom are reviewed in a
light most favorable to the non-moving party.”
Id. at 1341-42 (quotations omitted).
2
BST satisfied its burden in offering legitimate, non-discriminatory reasons
for terminating Wilson, specifically his continued failure to follow established work
procedures, taking unauthorized overtime, and missing customer due dates. Wilson
has not rebutted these reasons head on. Instead, he merely alleges these reasons
were “pretextual.” These conclusory allegations of pretext are insufficient for
Wilson to meet his burden. See Young v. Gen. Foods Corp.,
840 F.2d 825, 830
(11th Cir. 1988) (holding that conclusory allegations, without more, are insufficient
to raise an inference of pretext). Accordingly, we affirm the district court’s grant of
summary judgment to BST.
AFFIRMED.
3