Mathis v. Wachovia

• Decision Date: 07 March 2007
• Docket Number: No. 5:05cv163/RS.,5:05cv163/RS.
• Parties: Christy MATHIS, Plaintiff, v. WACHOVIA formerly known as Southtrust, Defendant.
• Court: U.S. District Court — Northern District of Florida

509 F.Supp.2d 1125

Christy MATHIS, Plaintiff, v. WACHOVIA formerly known as Southtrust, Defendant.

No. 5:05cv163/RS.

United States District Court, N.D. Florida, Panama City Division.

March 7, 2007.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Alvin L. Peters, Alvin L. Peters PA, Cecile M. Scoon, Peters & Scoon PA, Panama City, FL, for Plaintiff.

Kevin William Shaughnessy, Rexford H. Stephens, Baker & Hostetler LLP, Orlando, FL, for Defendant.

ORDER

RICHARD SMOAK, District Judge.

Before the Court is Defendant's Motion for Summary Judgment (Doc. 35) and Plaintiff's Response (Doc. 66). The Motion for Summary Judgment is granted.

FACTS

Plaintiff Christy Mathis (Mathis) is an African-American woman who was hired by SouthTrust bank in July 2000. She was employed as a head teller and head teller supervisor at the SouthTrust branch located at Thomas Drive in Panama City, Florida, and from 2005 until 2006 as a teller with Wachovia after its merger with SouthTrust. Mathis claims that several actions of SouthTrust/Wachovia were racially discriminatory and retaliatory in violation of federal and state law.

Mathis provides the following specific allegations of disparate treatment, disparate impact, hostile environment, and retaliation:,

1. Mathis received 90 days probation for cashing a $3,070 check while another white teller did not receive any discipline despite violating the same policy;

2. Mathis received a 90 day probation for not running a money order through a check scanner while her white manager did not receive any discipline for her involvement in the incident;

3. Mathis was unfairly placed on probation for 90 days for an out of policy loss of $1,863.95;

4. Mathis was placed on probation after not conforming to Wachovia's dress code within 24 hours while another white employee who violated the dress code was not threatened with any disciplinary action or given any deadline to change her appearance

5. Mathis' application for the Financial Services Representative (FSR) position was rejected in favor of a less experienced white man;

6. Mathis' application for the Financial Center Manger (FCM) position was rejected in favor of a less experienced white woman;

7. Wachovia's actions demonstrate a compelling pattern of preferential treatment given to white employees and more severe treatment being given to the African American employees, including exclusion from leadership positions;

8. The discrimination at Wachovia was so "severe and consistent" towards Mathis and other African-American employees that she has been denied the opportunity to work in an environment free of discrimination and hostility; and

9. Mathis was removed from the Merger Ambassador Program in retaliation for her complaints to the EEOC regarding racial discrimination at Wachovia.

On June 30, 2004, Mathis filed a charge of racial discrimination against South-Trust with the Florida Commission on Human Relations (FCHR). On June 7, 2005, Mathis filed a second charge of discrimination with the FCHR alleging racial discrimination, hostile environment, and retaliation for filing the first charge of discrimination against SouthTrust. Mathis received a right to sue letter from the EEOC on. December 27, 2005. Subsequently, after exhausting all of her administrative remedies, Mathis filed her Third Amended Complaint (Doc. 12) with this Court on February 14, 2006, alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq), Chapter 760 of the Florida Statutes, and the Civil Rights Act of 1866 (42 USC § 1981).

Wachovia contends that Mathis cannot establish a prima facie case of racial discrimination, hostile environment, or retaliation, and even she could, all of' its decisions were based on legitimate, nondiscriminatory reasons that were not pretextual. In addition, Wachovia argues that Mathis cannot establish a prima facie case of disparate impact.

A. The Summary Judgment Standard

Under Federal Rule of Civil Procedure 56(c), summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The "purpose of summary judgment is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting Advisory Committee Note to 1963 Amendment of Fed.R.Civ.P. 56(e)). "An issue of fact is `material' if it is a legal element of the claim, as identified by the substantive law, governing the case, such that its presence or absence might affect the outcome of the suit." Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 998 (11th Cir.1992) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986)). "It is `genuine' if the record taken as a whole could lead a rational trier of fact to find for the nonmoving party." Tipton, 965 F.2d at 998 (citing Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356).

The basic issue before the court on a motion, for summary judgment is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251, 106 S.Ct. at 2512. The moving party has the burden of showing the absence of a genuine issue as to any material fact, and in deciding whether the movant has met this burden, the court must view the movant's evidence and all factual inferences arising from it in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993); Welch v. Celotex Corp., 951 F.2d 1235, 1237 (11th Cir.1992). Thus, "[i]f reasonable minds could differ on the inferences arising from undisputed facts, then a court should deny summary judgment." Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1534 (11th Cir.1992) (citing Mercantile Bank & Trust v. Fidelity & Deposit Co., 750 F.2d 838, 841 (11th Cir. 1985)). However, "[a] mere `scintilla' of evidence supporting, the [nonmoving] party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party." Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990) (citing Anderson, 477 U.S. at 251, 106 S.Ct. at 2511).

If the movant satisfies its initial burden under Rule 56(c) by demonstrating the absence of a genuine issue of material fact, the burden shifts to the nonmovant to "come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356 (quoting Fed.R.Civ.P. 56(e)) (emphasis omitted). Otherwise stated, the nonmovant must "demonstrate that there is indeed a material issue of fact that precludes summary judgment." Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). "The nonmoving party may avail itself of all facts and justifiable inferences in the record taken as a whole." Tipton, 965 F.2d at 998 (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)). "The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Anderson, 477 U.S. at 255, 106 S.Ct. at 2513 (citing Adickes, 398 U.S. at 158-59, 90 S.Ct. at 1609). In light of the summary judgment standard, this Court will apply the relevant substantive law to the facts of the case.

B. Race Discrimination

Mathis claims that her treatment was racially motivated and discriminatory, violating Title VII (42 U.S.C. § 2000e et seq.), 42 U.S.C. § 1981, and the Florida Civil Rights Act (FCRA), Chapter 760. "Where, as here, a plaintiff predicates liability under Title VII on disparate treatment and also claims liability under section[] 1981 ..., the legal elements of the claims are identical." Stallworth v. Shuler, 777 F.2d 1431, 1433 (11th Cir.1985); see also, Godoy v. Habersham County, 2006 WL 3592415, *2 (11th Cir.2006)(holding that since "claims under Title VII and § 1983 ... have the same elements of proof and analytical framework" they can be discussed concurrently). In addition, "[a] claim under the FCRA is analyzed under the same standards as a Title VII claim." Tippie v. Spacelabs Medical, Inc., 180 Fed.Appx. 51, 53 n. 1 (11th Cir.2006) (citing Harper v. Blockbuster Entm't Corp., 139 F.3d 1385, 1387 (11th Cir.1998)).

Title VII prohibits an employer from "discharg[ing] any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a). "The two theories of intentional discrimination under Title VII are disparate treatment discrimination and pattern or practice discrimination." Burke-Fowler v. Orange County, Fla., 447 F.3d 1319,1322 (11 th Cir.2006). While "[b]oth pattern and practice and disparate treatment claims require proof of discriminatory intent; disparate impact claims do not." E.E.O.C. v. Joe's Stone Crab, Inc., 220 F.3d 1263, 1273 (11th Cir.2000). Mathis seems to allege that she suffered discrimination under all three theories of Title VII, and as such, each of her claims will be analyzed in turn.

i. Disparate Treatment

"Disparate treatment claims require proof of discriminatory intent either through direct or circumstantial evidence." E.E.O.C. v. Joe's Stone Crab, 220 F.3d 1263, 1286 (11th Cir.2000). A prima facie claim of discrimination can be established three ways: 1) direct evidence; 2)circumstantial evidence; or 3) statistical...