Orlando Cooper, Jr. v. CLP Corporation
679 F. App'x 851
11th Cir.2017Background
- Orlando Cooper, a McDonald’s employee for ~10 weeks, alleged his store manager Spanada Holmes repeatedly mocked his strabismus ("cockeyed ass"/"lazy-eyed") and created a hostile work environment under the ADA.
- Cooper was terminated after he failed to report to work following his mother’s stillbirth; Cooper admitted he did not report when told he would be fired if he did not return.
- CLP (McDonald’s franchisee) moved for summary judgment on Cooper’s hostile-work-environment and disparate-treatment ADA claims; the district court granted summary judgment for CLP.
- The district court and parties assumed (without deciding) that ADA hostile-work-environment claims are cognizable; appeal focused on hostile-work-environment claim.
- CLP relied on the Faragher/Ellerth affirmative defense, showing it had an anti-harassment policy (employee handbook, orientation training, HR reporting number) and that Cooper did not use the designated complaint channels.
- Cooper testified he complained informally to the district manager Monica Love (not a designated reporting recipient) but did not report to the HR director as required by the policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CLP is barred from Faragher/Ellerth defense because Cooper suffered a tangible employment action (termination) | Cooper argued termination is a tangible employment action that precludes the defense | CLP argued termination resulted from failure to report to work and was not due to disability | Court: Termination was for legitimate non‑discriminatory reason (failure to report); defense not precluded |
| Whether CLP exercised reasonable care to prevent and correct harassment | Cooper contended CLP should still be liable despite policy | CLP showed it promulgated and disseminated an anti-harassment policy, training, and an alternative HR reporting mechanism | Court: CLP met its burden of reasonable care to prevent/correct harassment |
| Whether Cooper unreasonably failed to use employer’s preventative/corrective procedures | Cooper argued he complained to district manager (Monica Love) and thus complied with policy | CLP argued Cooper did not report to designated recipients (store manager or HR director) and did not use the formal complaint channel | Court: Cooper unreasonably failed to use the policy; informal report to Love did not put CLP on notice |
| Whether ADA hostile-work-environment claim can proceed despite Faragher/Ellerth defense | Cooper argued hostile environment existed and CLP should be liable | CLP argued Faragher/Ellerth bars vicarious liability because it met both elements | Court: Even assuming ADA hostile-work-environment claim is cognizable, CLP entitled to summary judgment under Faragher/Ellerth |
Key Cases Cited
- Faragher v. City of Boca Raton, 524 U.S. 775 (affirmative defense framework for supervisor harassment)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (same; employer liability and affirmative defense)
- Madray v. Publix Supermarkets, Inc., 208 F.3d 1290 (11th Cir.) (employees must use designated complaint procedures; informal reports to mid‑level managers insufficient)
- Walton v. Johnson & Johnson Servs., Inc., 347 F.3d 1272 (11th Cir.) (tangible employment action exception and employer’s burden under policy dissemination)
- Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287 (11th Cir.) (use of complaint procedures normally suffices for employer’s second element)
- Frazier-White v. Gee, 818 F.3d 1249 (11th Cir.) (summary judgment standard in ADA cases)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (hostile work environment cognizable under Title VII; standard for severity/pervasiveness)