457 F. App'x 844
11th Cir.2012Background
- Diamond, an African-American former MMM employee, sues MMM for retaliation under Title VII and § 1981.
- Diamond alleged she was placed on probation and then terminated after complaining about Nave's alleged discrimination favoring white paralegals.
- The district court granted summary judgment for MMM; Diamond appeals.
- Standard of review is de novo; summary judgment requires no genuine dispute of material fact.
- Elements of retaliation: protected activity, adverse action, and a causal link; protected activity requires a reasonable belief of unlawful discrimination.
- Diamond’s deposition suggested she did not know the specifics of Nave’s assignments to white paralegals; Anglade’s affidavit did not establish objective discrimination; complaint to Goggans lacked evidence of a reasonable belief in unlawful discrimination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Diamond's complaint to Nave protected activity? | Diamond believed Nave discriminated unlawfully. | Diamond had no objectively reasonable belief of unlawful discrimination. | No, not objectively reasonable. |
| Does Anglade's affidavit create an objectively reasonable belief of discrimination? | Anglade's experience shows Nave discriminated against black paralegals. | Anglade's affidavit lacks specifics showing billable/desirable work was taken from her. | No, not objectively reasonable. |
| Was the later complaint to Goggans protected activity? | Complaint to Goggans was statutorily protected. | No evidence that the belief of unlawful discrimination was objectively reasonable. | No, not protected. |
Key Cases Cited
- Goldsmith v. Bagby Elevator Co., Inc., 513 F.3d 1261 (11th Cir. 2008) (elements and standard for retaliation; protected activity requires reasonable belief)
- Butler v. Ala. Dep’t of Transp., 536 F.3d 1209 (11th Cir. 2008) (reasonableness of belief in unlawful discrimination)
- Howard v. Walgreen Co., 605 F.3d 1239 (11th Cir. 2010) (objective reasonableness of plaintiff’s belief measured against substantive law)
- Holifield v. Reno, 115 F.3d 1555 (11th Cir. 1997) (prima facie elements for racial discrimination)
- Smith v. Lockheed-Martin Corp., 644 F.3d 1321 (11th Cir. 2011) (consolidation of Title VII and § 1981 standards)
- Houston v. Williams, 547 F.3d 1357 (11th Cir. 2008) (standard of review for summary judgment)