Sullivan v. National R.R. Passenger Corp.

Citation170 F.3d 1056
Decision Date25 March 1999
Docket NumberNo. 98-4080,98-4080
Parties79 Fair Empl.Prac.Cas. (BNA) 956, 79 Fair Empl.Prac.Cas. (BNA) 958, 75 Empl. Prac. Dec. P 45,842, 12 Fla. L. Weekly Fed. C 637 Barry T. SULLIVAN, Plaintiff-Appellee, v. NATIONAL RAILROAD PASSENGER CORPORATION, a foreign corporation, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)

Mark S. Landman, William Ballaine, Landman, Corsi, Ballaine & Ford, P.C., New York City, Bradley S. Fischer, Melito & Adolfsen, Fort Lauderdale, FL, for Defendant-Appellant.

Susan Leslie Dolin, Daniel R. Levine, Muchnick, Wasserman & Dolin, Hollywood, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before COX and BARKETT, Circuit Judges, and FAY, Senior Circuit Judge.

BARKETT, Circuit Judge:

National Railroad Passenger Corporation ("Amtrak") appeals a final judgment following a jury verdict in favor of Barry T. Sullivan on his claim of unlawful retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq. ("Title VII"), the Civil Rights Act of 1991, 42 U.S.C. § 1981(a) and the Florida Whistleblower's Protection Act, Fla. Stat. Ann. § 448.102(3) (West 1998). Amtrak argues that the district court should have granted its motion for judgment as a matter of law or, in the alternative, for a new trial. We reverse.

Background

In 1995, Barry Sullivan sued Amtrak, claiming that he was the victim of sexual harassment and retaliation stemming from an incident in December 1993 when Sullivan's immediate supervisor, Kevin Scott, allegedly sexually propositioned him in a hotel parking garage. Sullivan claims that the incident occurred while the two were traveling on business and staying at a hotel in Tampa, Florida. According to Sullivan, when Sullivan accompanied Scott to the hotel parking garage to retrieve Scott's briefcase from the car, Scott suggested that Sullivan accompany him to Scott's room for a short while, and that Sullivan would not regret it. Sullivan claimed he slammed Scott to the trunk of the car, causing Scott to lose his glasses. As Scott retrieved his glasses from the ground, he apologized profusely to Sullivan, asking him to forget about the incident and assuring him that it would not happen again. According to Sullivan, Scott further assured him that he would have nothing to worry about for as long as the two continued to work together. Sullivan did not report this incident to anyone at Amtrak until February 1994, after he had been demoted from his job as manager.

Sullivan's demotion occurred on January 26, 1994, when Scott hand-delivered a letter to Sullivan informing him that his management job as District Manager of the Miami Station had been eliminated as part of Amtrak's nationwide reorganization. This led to Sullivan's taking the non-managerial position of Yard Chief of the Miami Station. On February 11, 1994, Amtrak began an investigation into the whereabouts of fifteen missing Publix gift certificates as well as a cellular phone that had been in Sullivan's care. Shortly thereafter, Sullivan returned eight of the gift certificates and the phone. He could not account for the missing eight certificates, which were cashed at a grocery store near his home. He also admitted to making, along with his wife, over one thousand dollars worth of unauthorized calls on the company phone. Amtrak took no formal action against Sullivan regarding either the phone or the gift certificates.

On approximately February 15, 1994, Sullivan's attorney lodged a complaint with Amtrak on Sullivan's behalf, claiming that the incident with Scott in December 1993 constituted sexual harassment. Amtrak officials investigated the complaint and concluded that the incident had not in fact occurred. In June 1994, Sullivan's work schedule was changed from four to five days a week. Amtrak claims that this change was necessary to satisfy a Food and Drug Administration ("FDA") regulation that all inbound trains be inspected and cleaned upon arrival. In July 1994, Amtrak eliminated all Yard Chief positions nationwide. Sullivan then took the lesser position of Chief of On Board Service. Throughout 1995, Sullivan unsuccessfully applied for a number of different management positions including: Director of OBS Station Support (January 1995); Product Line Director (March 1995); Manager of Terminal Services, Miami (March 1995); Manager of Terminal Services, New Orleans (May 1995); Conventional Services Manager, Northeast Corridor (April 1995).

Sullivan filed suit against Amtrak in February 1995, claiming that the incident with Scott in December 1994 constituted sexual harassment. Sullivan amended his complaint in June 1995 to include charges that Amtrak had retaliated against him by: 1) investigating his involvement with the misuse of a company cellular telephone and the theft of fifteen Publix gift certificates; 2) changing the job description of Sullivan's job as Yard Chief and then eventually eliminating the position, and; 3) after eliminating the position, failing to hire him for any of the other management positions for which he applied.

The jury found against Sullivan on his claim of sexual harassment and Sullivan has not appealed from the judgment on that claim. However, the jury found for Sullivan on his claims of retaliation, awarding him $50,000 in compensatory damages. Following the trial, the magistrate judge held an evidentiary hearing and awarded Sullivan equitable damages in the amount of $98,783 in backpay, with pre-judgment and post-judgment interest calculated at 6.5%, and front pay in the amount of $458,166.

On appeal, Amtrak argues that the district court erred by not granting Amtrak judgment as a matter of law or, alternatively, a new trial because: 1) the jury found against Sullivan on his sexual harassment claim and therefore could not reasonably find for Sullivan on his retaliation claim; and 2) there was no evidence of retaliation. Amtrak additionally claims that the damage amounts awarded by both the jury and the magistrate judge were not supported by the evidence.

Discussion

We first address Amtrak's claim that, as a matter of law, the jury could not find against Sullivan on his sexual harassment claim while finding for him on the retaliation claim. 1 Amtrak argues that Sullivan's harassment claim is based on a single incident which Amtrak maintains never occurred. Because the jury found for Amtrak on the sexual harassment claim, Amtrak asserts, the jury must have accepted Amtrak's contention that the incident never happened. Consequently, Amtrak argues, Sullivan's claim of retaliation cannot stand because it requires a good faith, objectively reasonable belief that the discrimination occurred. See Harper v. Blockbuster Entertainment Corp., 139 F.3d 1385, 1388 (11th Cir.1998).

We find this argument totally meritless. The fact that the jury concluded that Sullivan's claim did not meet all the elements for a successful sexual harassment action does not mean that it could not have found that the incident did take place and that Sullivan could have reasonably believed himself the victim of sexual harassment. For example, the jury could well have determined that the incident occurred but did not rise to the level of harassment prohibited by Title VII. Courts may not reach behind jury verdicts to evaluate their reasoning. See, e.g., U.S. v. Russo, 796 F.2d 1443, 1450 (11th Cir.1986) (court will not look behind verdict for evidence of jury confusion); Delpit v. Nocuba Shipping Co., 302 F.2d 835, 838 (5th Cir.1962) ("We may not second-guess jurors or substitute our judgment for theirs when theirs is supported by sufficient evidence."); Vera-Lozano v. International Broadcasting, 50 F.3d 67, 71 (1st Cir.1995) (court will not supplant the jury verdict nor second-guess what may have been their thought process). Moreover, retaliation is a separate offense under Title VII; an employee need not prove the underlying claim of discrimination for the retaliation claim to succeed. Meeks v. Computer Associates Int'l, 15 F.3d 1013, 1021 (11th Cir.1994); Tipton v. Canadian Imperial Bank of Commerce, 872 F.2d 1491, 1494 (11th Cir.1989).

Turning to the question of whether there is sufficient evidence to support Sullivan's claim of retaliation, however, we find Amtrak's appeal meritorious. To make a prima facie case for retaliation, the plaintiff must show: 1) a statutorily protected expression; 2) an adverse employment action; 3) a causal link between the protected expression and the adverse action. See Olmsted v. Taco Bell Corp., 141 F.3d 1457, 1460 (11th Cir.1998); Raney v. Vinson Guard Service, 120 F.3d 1192, 1196 (11th Cir.1997). 2 Once the plaintiff makes out a prima facie case, "the burden shifts to the defendant to rebut the presumption of retaliation by producing legitimate reasons for the adverse employment action." Raney, 120 F.3d at 1196 (quoting Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913, 919 (11th Cir.1993)). If the defendant offers legitimate reasons, the presumption of retaliation disappears. Id. The plaintiff must then show that the employer's proffered reasons for taking the adverse action were actually a pretext for prohibited retaliatory conduct. Olmsted, 141 F.3d at 1460.

There is no dispute that Sullivan's complaint to Amtrak's management that he had been sexually harassed constituted protected expression nor that Sullivan suffered adverse employment actions. The only issue to be addressed here is whether a causal link existed between the adverse employment actions and the protected expression.

While Sullivan...

To continue reading

Request your trial
124 cases
  • U.S. ex rel. a+ Homecare v. Medshares Management
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 10, 2005
    ...we decline Winters's request to delve into the jury's reasoning in an attempt to find potential error. See Sullivan v. Nat. R.R. Passenger Corp., 170 F.3d 1056, 1059 (11th Cir.) ("Courts may not reach behind jury verdicts to evaluate their reasoning."), cert. denied, 528 U.S. 966, 120 S.Ct.......
  • Mathis v. Wachovia
    • United States
    • U.S. District Court — Northern District of Florida
    • March 7, 2007
    ...defendant to rebut the presumption by producing legitimate reasons for the adverse employment action.'" Sullivan v. National Railroad Passenger Corp., 170 F.3d 1056, 1059 (11th Cir.1999) (quoting Raney v. Vinson Guard Service, 120 F.3d 1192, 1196 (11th Cir.1997)) (citation omitted), cert. d......
  • Bevill v. Uab Walker College
    • United States
    • U.S. District Court — Northern District of Alabama
    • August 17, 1999
    ...other decisions of the Supreme Court and the Eleventh Circuit Court of Appeals. A. TERMINATION CLAIM. In Sullivan v. National R.R. Passenger Corp., 170 F.3d 1056 (11th Cir. 1999), the Eleventh Circuit Court of Appeals set out, in short fashion, the requisites of a retaliation claim for all ......
  • Summers v. City of Dothan
    • United States
    • U.S. District Court — Middle District of Alabama
    • October 29, 2010
    ...shifts to the employer to establish a legitimate, nondiscriminatory reason for the adverse employment action. Sullivan v. Nat'l R.R. Passenger Corp., 170 F.3d 1056, 1059 (1999) (“Once the plaintiff makes out a prima facie case, ‘the burden shifts to the defendant to rebut the presumption of......
  • Request a trial to view additional results
3 books & journal articles
  • Theories of liability
    • United States
    • James Publishing Practical Law Books Litigating Sexual Harassment & Sex Discrimination Cases The substantive law
    • May 6, 2022
    ...(N.D. Ill. 1995). • Complaining about supervisor’s alleged harassment which employer found not to have occurred. Sullivan v. AMTRAK , 170 F.3d 1056 (11th Cir. 1999). §1.4.3.1.2 Participation Activity The retaliation analysis has two prohibitions: one for notiication of potential violations ......
  • Sexual harassment & discrimination digest
    • United States
    • James Publishing Practical Law Books Litigating Sexual Harassment & Sex Discrimination Cases Trial and post-trial proceedings
    • May 6, 2022
    ...AMTRAK pro൵ered legitimate reasons for its elimination of employee’s position and subsequent failure to rehire him. Sullivan v. AMTRAK , 170 F.3d 1056 (11th Cir. 1999), petition for writ of cert denied, U.S. Sup. Ct., Nov. 1, 1999, No. 99-379. See digital access for the full case summary. ......
  • Littler on Whistleblowing & Retaliation § 2.2 -Protected Activity
    • United States
    • Littler Mendelson US National Library Littler on Whistleblowing & Retaliation
    • Invalid date
    ...e.g., Franklin v. Local 2 of the Sheet Metal Workers Int’l Ass’n, 565 F.3d 508 (8th Cir. 2009); Sullivan v. Nat’l R.R. Passenger Corp., 170 F.3d 1056 (11th Cir. 1999); Glover v. S. C. Law Enforcement Div., 170 F.3d 411, 414 (4th Cir. 1999); Kleya v. Karl Storz Endovision, Inc., 385 F. Supp.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT