607 F. App'x 953
11th Cir.2015Background
- Robert Cusick sued Yellowbook under the ADA for association discrimination, alleging he was demoted because his daughter has a disability. The district court granted summary judgment for Yellowbook; Cusick appealed.
- Association-discrimination claim under 42 U.S.C. § 12112(b)(4): plaintiff must show adverse action, qualification, employer knowledge of relative’s disability, and circumstances permitting an inference that the relative’s disability was a determining factor.
- Yellowbook demoted Cusick during a company restructuring; employer told the district court the reason was Cusick’s deficient leadership skills.
- Cusick presented no evidence that decisionmakers (Michels or Terrizzi) harbored animus toward him or his daughter, or that they knew of or considered his daughter’s medical costs or increased insurance premiums when deciding to demote him.
- Cusick acknowledged performance shortcomings in his own reflection. He did not address some claims (termination and retaliation) at summary-judgment and those were deemed abandoned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie association discrimination: was demotion motivated by daughter’s disability? | Cusick: demotion was attributable to association with disabled daughter. | Yellowbook: demotion was for legitimate business reasons (leadership deficiencies amid restructuring); no knowledge or animus regarding daughter’s condition or costs. | Court: Cusick failed to show the daughter’s condition was a determinative factor; prima facie not established. |
| Pretext: was employer’s stated reason (leadership deficiencies) a pretext for discrimination? | Cusick: employer’s proffered reason was pretext; decisionmakers’ stated reasons mask discriminatory motive. | Yellowbook: articulated nondiscriminatory reason; record shows performance problems and restructuring. | Court: Cusick produced only disagreement with employer’s assessment; did not show the reason was false and that discrimination was the real reason. Summary judgment proper. |
| Abandonment of other claims (termination; retaliation) | Cusick initially raised them. | Yellowbook: argued plaintiffs abandoned by failing to oppose summary judgment. | Court: Claims not addressed in response were deemed abandoned; waived on appeal. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (legal framework for disparate-treatment burden-shifting)
- Wascura v. City of S. Miami, 257 F.3d 1238 (11th Cir. 2001) (elements of ADA association-discrimination prima facie case)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (pretext requires showing both falsity and discriminatory intent)
- Holifield v. Reno, 115 F.3d 1555 (11th Cir. 1997) (pretext inquiry focuses on employer’s beliefs, not plaintiff’s perceptions)
- Combs v. Plantation Patterns, 106 F.3d 1519 (11th Cir. 1997) (how to show employer’s reason is false via inconsistencies/weaknesses)
- Alphin v. Sears, Roebuck & Co., 940 F.2d 1497 (11th Cir. 1991) (courts do not second-guess business decisions as personnel review)
- Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189 (11th Cir. 2004) (applicability of McDonnell Douglas framework to ADA claims)
- Brooks v. County Commission of Jefferson County, Ala., 446 F.3d 1160 (11th Cir. 2006) (summary-judgment nonmoving-party burden requires more than a scintilla of evidence)
- Castleberry v. Goldome Credit Corp., 408 F.3d 773 (11th Cir. 2005) (standard of review for summary judgment)