Cochran v. Harrison Finance Company
Filing
31
ORDER granting 23 Motion for Summary Judgment. Signed by Senior Judge Charles R. Butler, Jr on 3/17/2014. (adk)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
BELINDA
KAYE
COCHRAN
Plaintiff,
v.
HARRISON
FINANCE
CO.,
Defendant.
)
)
)
)
)
)
)
)
)
CIVIL
ACTION
NO.
13-‐00061-‐CB-‐M
OPINION
and
ORDER
This
matter
is
before
the
Court
on
a
motion
for
summary
judgment
filed
by
the
defendant,
Harrison
Finance
Co.
(Doc.
23.)
Plaintiff
has
filed
a
pro
se
response
to
the
motion
(Doc.
28),
Defendant
has
filed
a
reply
brief
(Doc.
29),
and
Plaintiff
has
filed
a
surreply
(Doc.
30).
After
careful
consideration
of
the
issues
raised,
the
applicable
law,
and
the
evidence
submitted
by
the
parties,
the
Court
finds
that
the
motion
is
due
to
be
granted.
Facts
Plaintiff
Belinda
Cochran
was
employed
by
the
defendant,
Harrison
Finance
Company
(Harrison)
on
two
separate
occasions,
August
19,
2002
to
August
5,
2005
and
June
30,
2008
to
December
27,
2011.
Harrison
is
a
wholly-‐owned
subsidiary
of
Hancock
Holding
Company.
Another
Hancock
Holding
subsidiary,
Hancock
Bank
of
Mississippi,
performs
the
human
resource
functions
for
Harrison
in
Alabama.
Cochran
attended
an
orientation
when
began
her
second
round
of
employment
with
Harrison
as
a
Senior
Manager.
At
that
time,
she
signed
a
document
entitled
“Notice
of
Highlighted
Policies”
indicating
that
she
understood
Harrison’s
discrimination
and
harassment
policy.
That
anti-‐discrimination/anti-‐harassment
policy
forbids,
inter
alia,
“[a]ny
discriminatory
employment
action
or
unwelcome
conduct”
based
on
sex.
(Def.’s
Ex.
H,
Doc.
23-‐10.)
It
specifically
highlights
sexual
harassment
and
describes
various
types
of
behavior
that
constitute
sexual
harassment.
The
policy
sets
out
the
following
procedure
to
reporting
sexual
harassment:
All
associates
are
responsible
to
help
assure
that
we
avoid
discrimination
and
harassment.
If
you
feel
that
you
have
experienced
or
witnessed
any
conduct
that
could
violate
this
policy,
you
are
encouraged
to
notify
any
one
of
the
following:
• Your
supervisor
• Your
department
head
• Your
Employee
Relations
Liaison
• Director
of
Human
Resources.
(Id.)
In
addition,
the
policy
“forbids
retaliation
against
(getting
even
with)
anyone
for
reporting
possible
violations
of
this
policy,
assisting
in
making
a
complaint
cooperating
in
an
investigation,
or
filing
an
EEOC
claim”
and
outlines
a
procedure
for
reporting
retaliation
identical
to
the
sexual
harassment
reporting
procedure.
Further,
the
policy
promises
“to
investigate
all
complaints
.
.
.
thoroughly
and
promptly”
and,
if
a
violation
has
occurred,
to
“take
corrective
action
up
to
and
including
dismissal.”
(Id.)
Cochran
has
also
acknowledged
that
she
was
fully
aware
of
the
company’s
complaint
procedures.
In
2009,
Cochran
was
promoted
to
branch
manager
and
in
that
capacity
was
aware
of
responsibilities
that
included
enforcing
company
policies
and
procedures.
Sheryl
Melton,
a
regional
employee
relations
liaison,
provided
human
resources
2
assistance
as
need
to
branch
management
and
was
assigned
to
Cochran’s
branch.
Cochran
found
Melton
to
be
approachable
and
friendly.
Cochran
could,
and
did,
contact
Melton
directly
via
company
email
or
telephone
to
discuss
personnel
issues.
Melton
also
visited
Cochran’s
branch
on
several
occasions
while
Cochran
was
working
there.
On
August
24,
2011,
Hancock
Holding’s
hotline
received
an
anonymous
call
complaining
about
Jim
McCroan,
President
of
Harrison
Finance
in
Alabama.
The
caller
asserted
that
McCroan
was
engaging
in
acts
of
immorality,
displays
of
unwanted
affection,
was
promoting
unqualified
individuals
and
was
having
an
on-‐
going
affair
with
a
current
employee.
As
a
result
of
the
call,
Melton
and
Mary
Ann
Wilkerson,
Hancock
Banks’
Regional
Human
Resource
Manager,
began
an
investigation
into
McCroan.
Between
September
and
December,
Melton
and
Wilkerson
interviewed
more
than
a
dozen
past
and
present
employees
about
McCroan.
On
December
12,
2011,
Melton
and
Wilkerson
visited
Cochran’s
branch
as
part
of
their
investigation
of
McCroan.
Cochran
was
aware
of
the
purpose
of
the
visit
in
advance,
and
she
knew
she
was
expected
to
tell
the
truth
during
the
interview.
During
a
three-‐hour
interview,
Cochran
was
asked
whether
she
had
ever
witnessed
anyone
any
management
touching
women
in
an
inappropriate
manner.
At
that
point,
Cochran
began
to
cry
because
she
believed
co-‐workers
perceived
that
she
and
McCroan
were
having
an
affair.
When
one
of
the
interviewers
asked
why
people
might
have
that
impression,
Cochran
responded
that
they
may
have
gotten
the
wrong
impression
when
McCroan
had
touched
or
rubbed
her
shoulders
or
3
patted
her
on
the
leg.
Cochran
did
not
say
anything
to
Melton
and
Wilkerson
about
having
sexual
relations—either
consensual
or
nonconsensual—with
McCroan.
As
result
of
the
investigation,
Harrison
terminated
Jim
McCroan’s
employment
on
December
16,
2011.
On
December
27,
2011,
Wilkerson
and
Melton
again
met
with
Cochran,
this
time
about
photographs
found
on
her
company
computer.
In
October
2011,
a
vendor
discovered
three
pornographic
photographs
on
Cochran’s
computer
while
attempting
to
recover
a
hard
drive.
The
vendor
reported
the
photographs
to
Tom
Vickerman,
Harrison’s
manager
of
desktop
services.
When
the
vendor’s
technician
told
Vickerman
he
had
also
reported
the
photos
to
“Sheryl”,
Vickerman
assumed
he
meant
“Sheryl
Melton”
in
Human
Resources.
But
the
technician
made
the
report
to
someone
named
“Cheryl”
in
IT.
Thus,
Human
Resources
did
not
learn
about
the
photographs
until
December
21,
2011.
As
it
turns
out,
two
of
the
photographs
were
of
Cochran
herself,
taken
in
the
company
bathroom.
One
is
a
torso
shot
in
which
she
is
wearing
only
a
bra
and
panties.
The
other
is
a
photo
of
her
genitalia.
The
third
photo
was
a
nude
male
identified
as
DW.
When
Wilkerson
and
Melton
asked
Cochran
if
she
had
downloaded
any
her
pictures
onto
her
hard
drive,
she
initially
denied
it.
After
seeing
the
evidence,
she
admitted
that
she
was
the
person
in
the
photos.
Cochran
was
terminated
for
uploading
the
photographs
onto
the
company
computer.1
1
Wilkerson
and
Melton
subsequently
discovered
that
Cochran
had,
in
violation
of
company
policy,
used
her
company
email
account
to
send
photos
of
herself
to
DW
and
had
received
DW’s
photo
in
response.
4
Cochran
filed
a
charge
of
discrimination
with
the
Equal
Employment
Opportunity
Commission
(EEOC)
on
June
14,
2012.
In
that
charge,
which
she
signed
under
penalty
of
perjury,
Cochran
alleged
the
following:
I
was
hired
in
2008
by
the
Respondent
as
a
Senior
Branch
Manager.
In
June
2011
I
was
promoted
to
the
position
of
Centralized
Mortgage
Manager.
On
December
27,
2011,
Sheryl
Melton
(Assistant
Vice
President
Employee
Relations
Liaison)
terminated
my
employment.
I
believe
I
was
discriminated
against
because
of
my
sex.
On
December
13,
2011,
I
complained
to
Melton
and
Mary
Ann
Wilkerson
(Regional
Manager,
Human
Resources)
that
I
felt
uncomfortable
with
Jim
McCroan
(President,
Harrison
Finance
Company)
inappropriately
rubbing
my
shoulders
and
patting
me
on
my
legs.
The
Respondent
reported
I
was
terminated
due
to
the
pornographic
pictures
loaded
on
to
my
work
Computer.
The
pictures
were
discovered
in
October
2011,
but
I
was
not
fired
until
after
I
complained.
I
believe
I
have
been
retaliated
and
discriminated
against
in
violation
of
the
Title
VII
of
the
Civil
Rights
Act
of
1964,
as
amended.
(Pl.’s
Rsp.,
Ex.
C,
Doc.
28.)
The
EEOC
issued
a
right-‐to-‐sue
notice
on
November
15,
2012.
On
February
7,
2013,
Cochran
filed
the
instant
action,
pro
se,
against
Harrison
Finance.
The
form
complaint
asserts
claims
of
“Gender
discrimination,
Sexual
Harassment,
[and]
Retaliation”
in
violation
of
the
Title
VII
of
the
Civil
Rights
Act
of
1964
(Title
VII),
42
U.S.C.
§
2000e.
(Compl.
1,
Doc.
1.)
The
complaint
alleges
that
Cochran
was
“verbally
and
physically
sexually
harassed
by
the
President
of
Harrison
Finance
Company,
Jim
McCroan[,]”
that
she
reported
this
harassment
on
December
11,
2011,
that
McCroan
was
terminated
on
December
16,
2011
(with
benefits
and
a
severance
package),
and
that
Cochran
was
terminated
on
December
27,
2011
without
warning
and
in
retaliation
for
speaking
out
and
was
denied
unemployment
benefits.
(Id.
3.)
5
After
this
lawsuit
was
filed,
in
response
to
a
discovery
request,
Cochran
informed
counsel
for
Harrison
that
Jim
McCroan
had
forced
her
to
have
sex
with
him
on
eight
different
occasions
between
April
2010
and
October
2011.
This
was
the
first
time
Cochran
informed
the
defendant
about
sexual
relations
between
McCroan
and
herself.
Prior
to
this
revelation,
Cochran’s
only
report
of
inappropriate
behavior
was
that
McCroan
touched
or
rubbed
her
on
the
shoulders
or
leg,
and
that
report
was
in
response
to
questioning
by
Wilkerson
and
Melton
during
their
investigation.
See
discussion,
supra,
at
2-‐3.
According
to
her
declaration
in
opposition
to
summary
judgment,
Cochran
“was
going
through
a
bad
divorce
.
.
.
and
was
afraid
to
tell
anyone”
about
the
rapes
and
also
feared
that
she
would
lose
her
job
if
she
reported
McCroan
“because
[she]
had
already
been
warned
by
the
District
Manager
at
the
time
[and
others]
about
the
close
friendship
Mr.
McCroan
had
with
Human
Resources
and
many
superiors
at
Hancock
Bank.”
(Pl.’s
Decl.,
Ex.
C
to
Pl.’s
Surreply,
Doc.
30.)
Issues
Raised
Harrison
has
moved
for
summary
judgment
on
the
two
claims
clearly
identified
in
Plaintiff’s
pro
se
complaint:
(1)
gender
discrimination
based
on
hostile
work
environment
sexual
harassment
and
(2)
retaliation.2
2
The
complaint
states
that
Harrison
denied
Plaintiff’s
claim
for
“unemployment
benefits”
and
also
states
that
the
company
approved
McCroan’s
unemployment
benefits
and
“he
received
a
large
severance
package.”
(Comp.
3.)
Although
neither
party
has
stated
as
much,
this
could
be
construed
as
an
additional
gender
discrimination
or
retaliation
claim.
Cf.
Robinson
v.
Shell
Oil
Co.,
519
U.S.
337
(1997)
(post-‐employment
actions
can
qualify
as
“adverse
employment
action”
under
Title
VII’s
anti-‐retaliation
provision);
McGuiness
v.
Lincoln
Hall,
263
F.3d
49
(2nd
Cir.
2001)
(holding
disparate
treatment
in
severance
pay
actionable
under
Title
VII).
However,
as
Harrison
points
out
in
its
summary
judgment
motion
(albeit
with
6
Legal
Analysis
Summary
Judgment
Standard
Summary
judgment
should
be
granted
only
if
"there
is
no
issue
as
to
any
material
fact
and
the
moving
party
is
entitled
to
a
judgment
as
a
matter
of
law."
Fed.
R.
Civ.
P.
56(c).
The
party
seeking
summary
judgment
bears
"the
initial
burden
to
show
the
district
court,
by
reference
to
materials
on
file,
that
there
are
no
genuine
issues
of
material
fact
that
should
be
decided
at
trial."
Clark
v.
Coats
&
Clark,
Inc.,
929
F.2d
604,
608
(11th
Cir.
1991).
Where
the
moving
party
also
has
the
burden
of
proof
at
trial,
“that
party
must
show
affirmatively
the
absence
of
a
genuine
issue
of
material
fact:
it
must
support
its
motion
with
credible
evidence
...
that
would
entitle
it
to
a
directed
verdict
if
not
controverted
at
trial.”
United
States
v.
Four
Parcels
of
Real
Property,
941
F.2d
1428,
1438
(11th
Cir.
1991)
Once
the
moving
party
has
satisfied
his
responsibility,
the
burden
shifts
to
the
nonmoving
party
to
show
the
existence
of
a
genuine
issue
of
material
fact.
Clark,
929
F.2d
at
608.
"In
reviewing
whether
the
nonmoving
party
has
met
its
burden,
the
court
must
stop
short
of
weighing
the
evidence
and
making
credibility
determinations
of
the
truth
of
the
matter.
Instead,
the
evidence
of
the
non-‐movant
is
to
be
believed,
and
all
justifiable
inferences
are
to
be
drawn
in
his
favor.”
Tipton
v.
Bergrohr
GMBH-‐
Siegen,
965
F.2d
994,
999
(11th
Cir.
1992)
(internal
citations
and
quotations
omitted).
“However,
we
draw
these
inferences
only
“’to
the
extent
supportable
by
respect
to
the
hostile
work
environment
claim),
a
civil
complaint
is
“limited
by
the
scope
of
the
EEOC
investigation
which
can
reasonably
expected
to
grow
out
of
the
charge
of
discrimination.”
Gregory
v.
Ga.
Dep’t
of
Human
Res.,
355
F.3d
1277,
1280
(11th
Cir.
2005).
Consequently,
because
no
claim
for
(or
related
to)
disparate
treatment
or
retaliation
based
on
severance
pay
was
asserted
in
the
EEOC
charge,
no
such
claim
would
be
actionable
here.
7
the
record.’”
Penley
v.
Eslinger,
605
F.3d
843,
848
(11th
Cir.
2010)
(quoting
Scott
v.
Harris,
550
U.S.
372,
381
n.
8
(2007)
(emphasis
omitted)).
Furthermore,
“[a]
dispute
over
a
fact
will
only
preclude
summary
judgment
if
the
dispute
“might
affect
the
outcome
of
the
suit
under
the
governing
law.”
Id.
(quoting
Anderson
v.
Liberty
Lobby,
Inc.,
477
U.S.
242,
248,
(1986)).
Hostile
Work
Environment/Sexual
Harassment
Harrison
argues
that
it
is
entitled
to
summary
judgment
on
Cochran’s
hostile
work
environment
claim
for
several
reason:
(1)
the
claim
is
barred
because
the
harassment
took
place
more
than
180
days
prior
to
the
date
the
EEOC
charge;
(2)
the
scope
of
EEOC
charge
did
not
include
the
sexual
harassment
claims
alleged
in
this
lawsuit;
and
(3)
Cochran
unreasonably
failed
to
use
the
company’s
complaint
procedure
to
report
the
sexual
harassment.
The
Court
need
not
address
the
first
two
arguments
because
it
is
clear
that
the
company
had
a
reporting
procedure
in
place,
that
Cochran
knew
about
the
procedure,
and
that
she
unreasonably
failed
to
utilize
it.
Title
VII
prohibits
an
employer
from
discriminating
against
an
individual
“with
respect
to
compensation,
terms,
conditions,
or
privileges
of
employment
because
of
[
]
race,
religion,
sex
,
or
national
origin.”
42
U.S.C.
§
2000e-‐2(a)(1).
“[S]exual
harassment
so
‘severe
or
pervasive’
as
to
‘alter
the
conditions
of
[the
victim’s]
employment
and
create
an
abusive
working
environment’
violates
Title
VII.”
Faragher
v.
City
of
Boca
Raton,
524
U.S.
775,
786
(1998)
(quoting
Meritor
Savings
Bank,
FSB
v.
Vinson,
477
U.S.
57,
67
(1986)).
An
employer
may
be,
but
is
not
always,
liable
for
hostile
work
environment
created
by
one
of
its
employees.
In
two
8
companion
cases,
Burlington
Indus.,
Inc.
v.
Ellerth,
524
U.S.
742
(1998)
and
Faragher
v.
City
of
Boca
Raton,
524
U.S.
775
(1998),
the
Supreme
Court
defined
the
contours
of
an
employer’s
liability.
An
employer
is
subject
to
vicarious
liability
to
a
victimized
employee
for
an
actionable
hostile
environment
created
by
a
supervisor
with
immediate
(or
successively
higher)
authority
over
the
employee.
When
no
tangible
employment
action
is
taken,
a
defending
employer
may
raise
an
affirmative
defense
to
liability
or
damages,
subject
to
proof
by
a
preponderance
of
the
evidence,
.
.
.
The
defense
comprises
two
necessary
elements:
(a)
that
the
employer
exercised
reasonable
care
to
prevent
and
correct
promptly
any
sexually
harassing
behavior,
and
(b)
that
the
plaintiff
employee
unreasonably
failed
to
take
advantage
of
any
preventive
or
corrective
opportunities
provided
by
the
employer
or
to
avoid
harm
otherwise.
While
proof
that
an
employer
had
promulgated
an
antiharassment
policy
with
complaint
procedure
is
not
necessary
in
every
instance
as
a
matter
of
law,
the
need
for
a
stated
policy
suitable
to
the
employment
circumstances
may
appropriately
be
addressed
in
any
case
when
litigating
the
first
element
of
the
defense.
And
while
proof
that
an
employee
failed
to
fulfill
the
corresponding
obligation
of
reasonable
care
to
avoid
harm
is
not
limited
to
showing
an
unreasonable
failure
to
use
any
complaint
procedure
provided
by
the
employer,
a
demonstration
of
such
failure
will
normally
suffice
to
satisfy
the
employer's
burden
under
the
second
element
of
the
defense.
No
affirmative
defense
is
available,
however,
when
the
supervisor's
harassment
culminates
in
a
tangible
employment
action,
such
as
discharge,
demotion,
or
undesirable
reassignment.
Ellerth,
524
U.S.
at
765-‐66;
Faragher,
524
U.S.
at
807-‐08.
Harrison
asserts
that
it
has
satisfied
its
burden
as
to
this
affirmative
defense
because:
(1)
the
harassment
perpetrated
by
McCroan
did
not
result
in
any
tangible
employment
action
against
Cochran:
(2)
the
company
had
an
adequate
anti-‐
harassment
policy
in
place
and
once
it
received
a
complaint
it
took
prompt
corrective
action
and
(3)
Cochran
unreasonably
failed
to
utilize
the
complaint
procedures
set
out
in
that
policy.
There
is
no
dispute
as
to
the
first
element
of
the
affirmative
defense.
Cochran’s
termination
was
unrelated
to
the
alleged
9
harassment,
and
she
suffered
no
demotion,
loss
of
pay
or
benefits,
change
in
working
conditions,
or
any
other
type
unfavorable
employment
action
as
a
result
of
McCroan’s
harassment.
As
to
the
Harrison’s
effort
to
prevent
harassment,
a
company’s
anti-‐harassment
policy
is
adequate
if
it
is
effectively
disseminated
and
the
policy’s
reporting
procedures
allow
“alternative
avenues
for
lodging
a
complaint
other
than
a
harassing
supervisor.”
Madray
v.
Publix
Supermarkets,
Inc.,
208
F.3d
1290,
1298
(11th
Cir.
2000).
There
is
no
question
that
the
anti-‐harassment
policy
was
adequately
disseminated
in
this
case.
Furthermore,
Cochran
admits
that
she
knew
and
understood
the
policy,
which
encouraged
victims
to
come
forward
and
provided
multiple
avenues
for
lodging
a
complaint.
In
that
respect,
the
policy
is
similar
to
those
sexual
harassment
policies
found
reasonable
by
the
Eleventh
Circuit.
Madray,
id.
at
1299
(policy
sufficient
under
Ellerth/Faragher
where
complaint
procedures
that
did
not
require
victim
to
report
complaint
to
supervisor
or
through
supervisor’s
chain
of
command
and
provided
other
avenues
of
reporting);
Coats
v.
Sundor
Brands,
164
F.3d
1361,
1364
(11th
Cir.
1999)
(per
curiam)
(policy
required
employees
to
report
harassment
to
their
manager,
personnel
department,
or
other
manager
with
whom
employee
felt
comfortable).
Cochran
did
not
use
the
company’s
complaint
procedures
to
report
McCroan’s
harassment.
She
attempts
to
justify
her
failure
to
report,
pointing
out
that
she
feared
retaliation
since
she
had
been
told
that
McCroan
was
close
to
the
people
in
Human
Resource.
However,
“[e]very
employee
could
say
.
.
.
that
she
did
not
report
the
harassment
earlier
for
fear
of
losing
her
job
or
damaging
her
career
prospects.
.
.
.
[T]he
Supreme
Court
undoubtedly
realized
as
much
when
it
designed
10
the
Faragher/Ellerth
defense,
but
it
nonetheless
decided
to
require
an
employee
to
make
the
choice
[to
report
the
harassment]
if
she
wanted
to
impose
vicarious
liability
on
her
employer.”
Baldwin
v.
Blue
Cross
Blue
Shield
of
Alabama,
480
F.3d
1287,
1307
(11th
Cir.
2007);
accord
Walton
v.
Johnson
&
Johnson
Servs.,
Inc.,
347
F.3d
1272,
1290-‐91
(11th
Cir.
2003)
(subjective
fears
of
reprisal
do
not
excuse
failure
to
report
harassment).
When
Harrison
did
receive
an
anonymous
report
about
McCroan’s
inappropriate
behavior,
it
took
prompt
action.
First,
Melton
and
Wilkerson
began
an
investigation
which
lasted
over
three
months,
not
an
unreasonable
amount
of
in
this
situation.3
When
the
investigation
was
concluded,
the
company
took
prompt
remedial
action
by
terminating
McCroan’s
employment.
In
summary,
Harrison
has
submitted
undisputed
evidence
that
it
had
an
adequate
anti-‐harassment
policy
in
place
and
that
Cochran
was
familiar
with
that
policy
and
with
the
procedures
for
reporting
sexual
harassment.
Because
Cochran
unreasonably
failed
to
report
McCroan,
the
company
cannot
be
held
vicariously
liable
for
McCroan’s
actions.4
3
The
defendant
has
not
provided
much
information
about
the
scope
of
the
investigation,
except
to
provide
notes
of
interviews
of
various
employees.
According
to
information
provided
in
plaintiff’s
summary
judgment
response,
Harrison
Finance
has
33
branches.
Cochran
implies
that
the
three-‐month
period
between
the
anonymous
report
and
McCroan’s
termination
was
too
long
to
be
considered
prompt
remedial
action.
In
light
of
McCroan’s
position
in
the
company,
the
number
of
branches
(and
employees)
under
his
supervision,
and
the
very
serious
nature
of
the
charges,
a
three-‐month
investigation
is
not
unreasonable.
4
Cochran
insists
that
she
did
report
that
McCroan
touched
her
inappropriately
when
she
was
interviewed
on
December
12,
2011.
Assuming
this
to
be
true,
McCroan’s
termination
four
days
later
qualifies
as
prompt
remedial
action.
11
Retaliation
Title
VII’s
anti-‐retaliation
provision
makes
it
unlawful
for
an
employer
to
retaliate
against
an
employee
because
the
employee
(1)
opposed
an
unlawful
employment
practice
under
Title
VII
or
(2)
participated
in
an
investigation
under
Title
VII.
42
U.S.C.
§
20003-‐3(a).
The
precise
contours
of
Plaintiff’s
retaliation
claim
are
not
well
defined.
The
claim
may
possibly
be
based
on
both
her
participation
in
the
investigation
of
McCroan
during
the
December
12th
interview
and
on
her
opposition
to
sexual
harassment,
i.e.,
her
statement
during
that
interview
that
McCroan’s
inappropriately
rubbed
her
shoulders
and
touched
her
leg.
The
Court
evaluates
a
Title
VII
retaliation
claim
based
on
circumstantial
evidence
using
the
shifting
burdens
framework
of
McDonnell
Douglas
Corp.
v.
Green,
411
U.S.
792
(2008).
Crawford
v.
Carroll,
529
F.3d
961,
976
(11th
Cir.
2008).
First
the
plaintiff
must
establish
a
prima
facie
case
of
discrimination.
Id.
If
she
does
so,
the
defendant
must
articulate
a
legitimate
nondiscriminatory
reason
for
its
decision.
Id.
Once
a
defendant
articulates
a
legitimate
nondiscriminatory
reason,
the
burden
shifts
back
to
the
plaintiff
to
show
that
the
stated
reason
was
a
pretext
for
discrimination.
Id.
Pretext
means
that
the
proffered
reasons
were
not
what
actually
motivated
the
defendant’s
decision.
Id.
In
this
case,
the
Court
need
not
decide
whether
Cochran
could
prove
a
prima
facie
case
of
retaliation
because
Harrison
Finance
has
asserted
a
legitimate
nondiscriminatory
reason
for
terminating
her
employment—the
pornographic
photographs
found
on
her
computer.
Cochran
points
out
that
there
was
a
two-‐
month
time
lapse
between
the
discovery
of
the
photos
and
her
termination.
This
12
gap
between
discovery
and
termination
is
not
evidence
of
pretext,
however,
because
the
photos
were
not
immediately
reported
to
Human
Resources.
According
to
Defendant’s
uncontroverted
evidence,
the
photos
were
discovered
by
a
vendor
who
reported
them
to
“Cheryl”
in
the
IT
department,
rather
than
“Sheryl”
in
Human
Resources.
Consequently,
Human
Resources
did
not
know
about
the
photos
until
December
2011,
shortly
before
Cochran’s
termination.
Conclusion
For
the
foregoing
reasons,
the
Court
finds
that
the
motion
for
summary
judgment
is
due
to
be
and
hereby
is
GRANTED.
DONE
and
ORDERED
this
the
17th
day
of
March,
2014.
s/Charles
R.
Butler,
Jr.
Senior
United
States
District
Judge
13
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