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SMITH v. AIRTRAN AIRWAYS, INC.
744 F.Supp.2d 1274 (2010)
Kersaundra SMITH, Plaintiff,
v.
AIRTRAN AIRWAYS, INC., Defendant.
Case No. 3:09-cv-582-J-32TEM.
United States District Court, M.D. Florida, Jacksonville Division.
October 12, 2010.
ORDERTIMOTHY J. CORRIGAN, District Judge. Former flight attendant, Kersaundra Smith,1 sues her previous employer, AirTran Airways, Inc., claiming that her termination for dishonesty was, in fact, racially motivated or retaliatory and that she was subjected to a hostile work environment.2
This case is before the Court on a motion by Defendant, AirTran, for summary judgment. (Doc. 10). AirTran has filed exhibits in support of the motion and Plaintiff, Smith, has filed a response. (Docs. 11-12, 17). The Court held a hearing on the motion July 20, 2010, the record of which is incorporated by reference. (Doc. 19). After that hearing and at the request of the Court, AirTran provided a complete copy of the plaintiff's deposition transcript with exhibits. (Doc. 20).I. Facts Kersaundra Smith is an African American female. On June 25, 2004, AirTran hired her as a flight attendant. (Doc. 20, Pl. Depo. at 27). She received positive compliments from both passengers and other crew members on eight occasions ranging from February 22, 2005 to April 16, 2007. (Doc. 20 at Ex. 13-20). Her good service earned her a position in the L-One Training Session on November 13, 2006. Id. at Ex. 21. However, there were also problems with her job performance. On July 13, 2004, while acting as lead flight attendant, Smith encountered a problem with a customer who would not behave and caused such a stir with profanity and refusing to sit in her seat, that the plane was required to return to the gate. Id. at Ex. 10. The customer complained in writing. Id. Smith filed two reports on the matter and met with AirTran officials. Id. A non-disciplinary memo about the incident was entered into Smith's file on August 23, 2005, and the matter was closed. Id. On February 11, 2006 fellow flight attendant Danielle Reese alleged that Smith had been calling her all night and had finally threatened, "I am going to [expletive] you up when I see you. You can believe that." Id. (emphasis in original). The same day, Smith was suspended with pay and required to meet with AirTran officials ten days later on February 21. Id. Smith admitted calling Reese several times because she believed that Reese was stalking her boyfriend, Gregory Smith. Id. AirTran ultimately concluded it did not have enough information to determine if Smith had behaved inappropriately but advised her against unprofessional or retaliatory contact with Reese. Id. at Ex. 11.
1. Kersaundra Smith's maiden name is Kersaundra Young. She was unmarried when some of these events took place but married her fiancé Captain Gregory Smith of AirTran in November of 2007. This Order shall, like the pleadings and motions, refer to her as Smith but many of the exhibits and documents refer to her as Young.
2. Through her complaint, Smith implies that she may also have a claim under the Air Carrier Access Act (ACAA) or the Americans with Disabilities Act (ADA). 49 U.S.C. § 41705 (2006); 42 U.S.C. §§ 12101-12213. (2006); (Doc. 1, Pl. Complaint, ¶¶ 23-27). This Court will consider neither because the ACAA does not support a private cause of action and Smith conceded to the Court that she was not pursuing an ADA claim. Love v. Delta Air Lines, 310 F.3d 1347 passim (11th Cir.2002).
3. Smith contends in her response to AirTran's motion for summary judgment that the EEOC dismissed her claim because she asked them to as a condition demanded by AirTran in exchange for the "Last Chance Agreement." (Doc. 17, Pl. Response in Opposition at 1). She presents no affidavits, documents, or any evidence beyond her bare assertion that this is so and the EEOC documents contradict her assertion. (Doc. 20 at Ex. 75).
4. This free or reduced fee travel was a benefit of employment at AirTran and could be used both by employees and significant others or family members of employees. The benefit was only available to employees in good standing and family members of employees who had not themselves been fired from AirTran. This benefit was automatically cancelled upon each of Smith's terminations though enforcement of the cancellation was imperfect as Smith flew on Gregory Smith's number several times in 2007 prior to being rehired by AirTran. (Doc. 20 at Ex. 39, 51);(Doc. 11, Cannon Aff. at Ex. A).
5. Smith filed a union grievance with the AFA, and her complaint also alludes to another proceeding with the Georgia Department of Labor (though Smith has submitted no documentation about that proceeding). (Doc. 1, ¶¶ 19-20); (Doc. 20 at Ex. 40-42). The Eleventh Circuit has recognized that the scope of protected practices extends beyond investigations directly conducted by the EEOC. Clover v. Total Sys. Servs., Inc., 176 F.3d 1346, 1352-53 (11th Cir.1999). Title VII also protects persons who have "opposed any practice made an unlawful employment practice by this title[.]" 42 U.S.C. § 2000e-3(a). The Northern District of Georgia held that this language includes even conduct in opposition to a discriminatory practice that does not include a filing with any authority. Gresham v. Waffle House, Inc., 586 F.Supp. 1442, 1445-46 (N.D.Ga.1984). Thus, this Court assumes for purposes of argument, without deciding, that the AFA claim and Department of Labor claim qualify as a protected activity under Title VII. However, because Smith has not provided any evidence regarding her Department of Labor claim (even as basic as when and on what ground it was filed), this Court concludes that she has failed to present a genuine issue of material fact on that ground for retaliation, and it will not be discussed in the body of the opinion.
6. Each case that articulates this four-part test for a prima facie case tailors the test to the facts of their case. See, also e.g., Brown, 597 F.3d at 1174; Burke-Fowler v. Orange County, Fla., 447 F.3d 1319, 1322-23 (11th Cir.2006); Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1089 (11th Cir.2004); Equal Emp't Opportunity Comm'n v. Joe's Stone Crab, Inc., 220 F.3d 1263, 1286 (11th Cir.2000).
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