Jessica Alexander v. Sonny's Real Pit Bar-B-Q
701 F. App'x 931
11th Cir.
2017

Background

  • Jessica Alexander applied in May 2008 for a cook position at Sonny’s and answered "No" to whether she had been convicted of a felony; she signed an application stating false answers could lead to discharge and that employment was at-will.
  • Alexander had a 1989 manslaughter conviction; BBQM (the Sonny’s manager) did not run criminal checks for non-manager hires in 2008 and hired her in June 2008.
  • In March 2013, after inquiries from the Florida Parole Commission, BBQM’s HR director viewed Duval County’s public court records, discovered the conviction, and confronted Alexander; she then authorized a third-party background check and was suspended and soon discharged for falsifying her application.
  • Alexander filed EEOC charges (dismissed with a right-to-sue notice) and sued BBQM and Sonny’s asserting sex and age discrimination (Title VII and ADEA), an FCRA violation for obtaining her criminal record without authorization, and wrongful termination under Florida law.
  • The district court granted summary judgment for defendants on all claims; the Eleventh Circuit affirmed, holding (1) Alexander failed to show pretext for discrimination, (2) her FCRA claim was time-barred (and would fail on the merits), and (3) her wrongful-termination claim failed because her employment was at-will.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Title VII / ADEA discriminatory discharge — was termination pretext for sex/age discrimination? Alexander contends hostile treatment and selective investigation show discrimination and pretext. Defendants say they discharged her for a nondiscriminatory reason: falsifying the job application about a felony. Court: No genuine issue of pretext; summary judgment for defendants.
FCRA — did defendants unlawfully procure a consumer report without disclosure/authorization and timely suit? Alexander says defendants accessed her criminal record without permission and sued within statutory period. Defendants contend claim is time-barred; even if timely, public court records and county website are not "consumer reports," and she later consented to a background check. Court: FCRA claim untimely under 15 U.S.C. §1681p; would fail on merits because public records are not consumer reports and she consented to the third-party check.
Wrongful termination under Florida law — implied contract / not at-will? Alexander argues long tenure, promotions, and positive reviews created an implied non-at-will contract. Defendants point to the written application explicitly stating employment was at-will and that only the president could change that in writing. Court: Employment was at-will; wrongful termination claim fails as a matter of law.
Administrative exhaustion re Title VII/ADEA — did she exhaust EEOC remedies? Alexander asserted discrimination claims in federal suit after EEOC dismissal. Defendants argued exhaustion may be lacking. Court: Because plaintiff failed to show pretext, the court did not need to decide exhaustion; summary judgment affirmed.

Key Cases Cited

  • Chapman v. AI Transp., 229 F.3d 1012 (11th Cir. 2000) (summary-judgment standard review in this circuit en banc)
  • Mann v. Taser Int’l, Inc., 588 F.3d 1291 (11th Cir. 2009) (view facts in favor of nonmoving party on summary judgment)
  • Tannenbaum v. United States, 148 F.3d 1262 (11th Cir. 1998) (pro se pleadings are liberally construed)
  • Gilmore v. Hodges, 738 F.3d 266 (11th Cir. 2013) (limits of liberal construction for pro se pleadings)
  • McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for discrimination cases)
  • Sims v. MVM, Inc., 704 F.3d 1327 (11th Cir. 2013) (application of McDonnell Douglas framework)
  • Cuddeback v. Fla. Bd. of Educ., 381 F.3d 1230 (11th Cir. 2004) (prima facie and employer rebuttal framework)
  • Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th Cir. 2004) (elements of prima facie sex-discrimination case)
  • Liebman v. Metro. Life Ins. Co., 808 F.3d 1294 (11th Cir. 2015) (elements of prima facie age-discrimination case)
  • Nix v. WLCY Radio/Rahall Commc’ns, 738 F.2d 1181 (11th Cir. 1984) (employer need not prove actual motivation, only provide nondiscriminatory reason)
  • Perryman v. Johnson Prod. Co., 698 F.2d 1138 (11th Cir. 1983) (employer’s burden to raise a genuine factual issue of nondiscriminatory reason)
  • Silvera v. Orange Cty. Sch. Bd., 244 F.3d 1253 (11th Cir. 2001) (plaintiff’s burden to show pretext)
  • Merck & Co. v. Reynolds, 559 U.S. 633 (U.S. 2010) (discovery rule accrual principles)
  • Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. Dist. Ct. App. 1985) (Florida law on at-will employment)
  • Walton v. Health Care Dist. of Palm Beach Cty., 862 So. 2d 852 (Fla. Dist. Ct. App. 2003) (at-will employees cannot state wrongful termination claim)
  • Forehand v. Fla. State Hosp. at Chattahoochee, 89 F.3d 1562 (11th Cir. 1996) (EEOC right-to-sue requirement for Title VII actions)
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