At page 1189 Establishing causal link in retaliation claims without direct evidence116 citing cases“that the protected activity and the adverse action were not wholly unrelated.”
- Wright v. Georgia Dep't of Pub. Health, No. 5:19-cv-00386 (M.D. Ga. Aug. 11, 2021).(the sort of logical connection that would justify a prescription that the protected participation in fact prompted the adverse action … would rise to the level of direct evidence of discrimination.)
- John Houston v. Cape Haze Tavern, LLC, No. 8:24-cv-02243 (M.D. Fla. Dec. 31, 2025).Simmons v. Camden County Bd. of Ed., 757 F.2d 1187, 1189 (11th Cir.), cert. denied, 474 U.S. 981 (1985).
- Faulk v. Overland Contracting Inc. a Black & Veatch Co., No. 8:25-cv-00063 (M.D. Fla. Mar. 26, 2025).Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985).
- Smith v. DeJoy, No. 4:23-cv-00593 (N.D. Ala. Dec. 17, 2024).Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985))).
- Sanders v. Regions Bank, No. 4:22-cv-01523 (S.D. Tex. May 14, 2024).The “causal link” element is satisfied when the plaintiff shows that the employment decision and his protected activity were not “wholly unrelated.” Jd. (citing Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Beverly v. Formel D, No. 2:20-cv-00352 (N.D. Ala. Mar. 9, 2023).Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985).
- Texas Tech Univ. Health Sciences Ctr. El Paso v. Loretta K. Flores, 657 S.W.3d 502 (Tex. App.—El Paso 2022).publishedAn employee can establish a causal link when “the employer’s decision . . . was based in part on knowledge of the employee’s protected activity” or that the protected activity and the adverse action were “not wholly unrelated.” Medina, 238…
- Harris v. Florida Tourism Indus. Mktg. Corp.,Inc., No. 3:20-cv-01394 (M.D. Fla. May 31, 2022).Bd. of Ed., 757 F.2d 1187, 1189 (11th Cir. 1985)).
- Herman v. AAR Aviation Corp, No. 3:20-cv-00326 (M.D. Fla. Mar. 7, 2022).Hairston, 9 F.3d at 920 (quoting Simmons v. Camden County Board of Ed., 757 F.2d 1187, 1189 (11th Cir. 1985), cert. denied, 474 U.S. 981 , 106 S.Ct. 385 , 88 L.Ed.2d 338 (1985)).
- Smith v. City of Alexandria, No. 1:20-cv-00400 (W.D. La. Oct. 28, 2021).A causal link must be shown by proving that the adverse employment decision and the plaintiff’s protected activity “were not wholly unrelated.” Medina, 238 F.3d at 684 (quoting Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11…
Show 37 more citing cases
- Andrea Gogel v. KIA Motors Mfg. of Georgia, Inc., 967 F.3d 1121 (11th Cir. 2020).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985)).
- Belinda Martin v. Fin. Asset Mgmt. Sys., Inc., 959 F.3d 1048 (11th Cir. 2020).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985) (“We do not construe the ‘causal link’ . . . to be the sort of logical connection that would justify a prescription that the protected participation in fact prompted the adverse action.
- Cabrel Jacomb v. BBVA Compass Bank, No. 18-11536 (11th Cir. Nov. 4, 2019).unpublishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985)).
- Toomer v. Ricketts, No. 4:19-cv-00039 (S.D. Ga. Aug. 30, 2019).(holding that the connection between a protected act and adverse employment action need not be alleged by direct evidence, but, rather, only be alleged to be “not wholly unrelated)
- Gloetzner v. Lynch, 225 F. Supp. 3d 1329 (N.D. Fla. 2016).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985).
- Avila v. Childers, 212 F. Supp. 3d 1182 (N.D. Fla. 2016).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir. 1985).
- Jones v. City of Heflin, 207 F. Supp. 3d 1255 (N.D. Ala. 2016).published“To establish that causal connection, a plaintiff need only show ‘that the protected activity and the adverse action were not wholly unrelated.’ ” Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985) (quoting Clover v…
- Finder v. John Marshall Law Sch., LLC, 11 F. Supp. 3d 1208 (N.D. Ga. 2014).published Goldsmith, 996 F.2d at 1162-63 ; Donnellon, 794 F.2d at 600-601 ; see also Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir.1991); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Green v. Mobis Alabama, LLC, 995 F. Supp. 2d 1285 (M.D. Ala. 2014).publishedRather, we construe the "causal link” element to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated. 757 F.2d 1187, 1189 (11th Cir.1985).
- Collins v. Compass Grp., Inc., 965 F. Supp. 2d 1321 (N.D. Ala. 2013).published Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985), cert. de nied, 474 U.S. 981 , 106 S.Ct. 385 , 88 L.Ed.2d 338 (1985)).
- Burback v. BNSF Ry. Co., 963 F. Supp. 2d 1255 (N.D. Ala. 2013).publishedTo establish a causal connection, a plaintiff must show “that the protected activity and adverse action are not wholly unrelated.” Clover v. Total System Services, Inc., 176 F.3d 1346, 1354 (11th Cir.1999) (quoting Simmons v. Camden County…
- Johnson-Mosley v. Alabama Unified Jud. Sys., 981 F. Supp. 2d 1167 (S.D. Ala. 2013).publishedThe Eleventh Circuit construes the “causal link” element broadly, so as “to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated.” Goldsmith v. Bagby Elevator Co., Inc., 5…
- Shumate v. Selma City Bd. of Educ., 928 F. Supp. 2d 1302 (S.D. Ala. 2013).publishedThe Eleventh Circuit construes the “causal link” element broadly, so as “to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated.” Goldsmith v. Bagby Elevator Co., Inc. 51…
- Marable v. Marion Military Inst., 906 F. Supp. 2d 1237 (S.D. Ala. 2012).publishedThe Eleventh Circuit construes the “causal link” element broadly, so as “to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated.” Goldsmith v. Bagby Elevator Co., Inc., 5…
- Russaw v. Barbour Cnty. Bd. of Educ., 891 F. Supp. 2d 1281 (M.D. Ala. 2012).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985)).
- Koren v. Sch. Bd. of Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012).publishedBd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985)).
- Johnson v. AutoZone, Inc., 768 F. Supp. 2d 1124 (N.D. Ala. 2011).publishedA plaintiff may establish the requisite causal connection by showing that “the protected activity and the adverse action were not wholly unrelated.” Simmons v. Camden County Board of Education, 757 F.2d 1187, 1189 (11th Cir.1985).
- Johnson v. Hosp. Corp. of Am., 767 F. Supp. 2d 678 (W.D. La. 2011).publishedThe Eleventh Circuit has held the “causal link” element is satisfied when the plaintiff shows the employment decision and her protected activity “were not wholly unrelated.” Medina, 238 F.3d at 684 , citing Simmons v. Camden County Bd. of…
- Penn v. USF Holland, Inc., 770 F. Supp. 2d 1211 (N.D. Ala. 2010).publishedA plaintiff may establish the requisite causal connection by showing “that the protected activity and the adverse action were not wholly unrelated.” Simmons v. Camden County Board of Education, 757 F.2d 1187, 1189 (11th Cir.1985).
- Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).publishedSimmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Soloski v. Adams, 600 F. Supp. 2d 1276 (N.D. Ga. 2009).published Goldsmith, 996 F.2d at 1162-63 ; Donnellon, 794 F.2d at 600-601 ; see also Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir.1991); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Ptomey v. Texas Tech Univ., 277 S.W.3d 487 (Tex. App.—Amarillo 2009).publishedThe court cited the Eleventh Circuit's holding that the causal link element in a prima facie case is met by evidence showing that the employment decision and the protected activity “were not wholly unrelated.” 238 F.3d at 684 , (citing Sim…
- Dr. Nyla Ptomey v. Texas Tech Univ., No. 07-06-00332-CV (Tex. App.—Amarillo Jan. 20, 2009).publishedAlthough the presumption of discrimination disappears once the defendant meets its 10 The court cited the Eleventh Circuit’s holding that the causal link element in a prima facie case is met by evidence showing that the employment decision…
- Goldsmith v. Bagby Elevator Co., Inc., 513 F.3d 1261 (11th Cir. 2008).publishedSimmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Johnny L. Mathis v. Leggett & Platt, 263 F. App'x 9 (11th Cir. 2008).unpublishedMathis does not have to establish a causal relationship that would rise to the level of direct evidence, but he must demonstrate that his internal complaint and his ultimate termination are “not wholly unrelated.” Simmons v. Camden County…
- Beaumont v. Texas Dep't of Crim. Just., 468 F. Supp. 2d 907 (E.D. Tex. 2006).publishedIn Medina , the Fifth Circuit adopted the Eleventh Circuit’s method of analysis in a similar case, finding that “the ‘causal link’ element is satisfied when the plaintiff shows that the employment decision and his protected activity ‘were…
- Bythewood v. Unisource Worldwide, Inc., 413 F. Supp. 2d 1367 (N.D. Ga. 2006).publishedTo establish that causal connection, plaintiff “need only show ‘that [his] protected activity and [his termination] were not wholly unrelated.’ ” Id. (quoting Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).) At…
- Smith v. Boyd Bros. Transp., Inc., 406 F. Supp. 2d 1238 (M.D. Ala. 2005).publishedTo satisfy the causal connection requirement for the third prong, Smith need only demonstrate “that the protected activity and the adverse action are not wholly unrelated.” *1244 Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (…
- Horizon Med. Prods., Inc. & Dr. Huan Vu v. Esperanza Serenil, No. 07-05-00090-CV (Tex. App.—Amarillo May 2, 2005).publishedPower & Light Co., 278 F.3d 463, 471 (5th Cir. 2002)). \ ' var WPFootnote10 = ' The court cited the Eleventh Circuit’s holding that the causal link element in a\ prima facie case is met by evidence showing that the employment decision and…
- Ashmore v. JP Thayer Co., Inc., 303 F. Supp. 2d 1359 (M.D. Ga. 2004).published“To establish [a] causal connection, a plaintiff need only show ‘that the protected activity and the adverse action were not wholly unrelated.’ ” Clover v. Total System Services, Inc., 176 F.3d 1346, 1354 (11th Cir.1999) (quoting Simmons v…
- Collier v. Clayton Cnty. Cmty. Serv. Bd., 236 F. Supp. 2d 1345 (N.D. Ga. 2002).publishedSee also Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453, 1454 (11th Cir.1998); Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir.1991) (footnote omitted); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.198…
- McDaniel v. Fulton Cnty. Sch. Dist., 233 F. Supp. 2d 1364 (N.D. Ga. 2002).publishedGoldsmith, 996 F.2d at 1162-63 ; Donnellon, 794 F.2d at 600-601 ; see also Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1524 (11th Cir.1991) (footnote omitted); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- LeBlanc v. TJX Companies, Inc., 214 F. Supp. 2d 1319 (S.D. Fla. 2002).publishedServs., Inc., 176 F.3d 1346, 1354 (11th Cir.1999) (quoting Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985)).
- Bowen v. Jameson Hosp., LLC, 214 F. Supp. 2d 1372 (S.D. Ga. 2002).publishedShe need only show “that the protected activity and the adverse action were not wholly unrelated.” Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985).
- Padron v. BellSouth Telecomm., Inc., 196 F. Supp. 2d 1250 (S.D. Fla. 2002).publishedA. Retaliatory Termination To prove a prima facie case a plaintiff must establish “(1) that there was a statutorily protected participation; (2) that an adverse employment action occurred; and (3) that there was a causal link between the p…
- Alfred L. Stone v. City of Indianapolis Pub. Utils. Div., 281 F.3d 640 (7th Cir. 2002).publishedFierros v. Texas Dept. of Health, 274 F.3d 187, 191 (5th Cir.2001); Pennington v. City of Huntsville, 261 F.3d 1262 , 1265-66 (11th Cir.2001); Bass v. Board of County Commissioners, 256 F.3d 1095 , 1119 (11th Cir.2001); Long v. Eastfield C…
- Johnson v. Morehouse Coll., Inc., 199 F. Supp. 2d 1345 (N.D. Ga. 2002).publishedServs., Inc., 176 F.3d 1346, 1354 (11th Cir.1999) (quoting Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1189 (11th Cir.1985)).
At page 1188 cited at this page1 citing case
- Barlow v. Connecticut, 319 F. Supp. 2d 250 (D. Conn. 2004).publishedCtr., 821 F.2d 111, 115 (2d Cir.1987); Simmons v. Camden County Bd. of Educ., 757 F.2d 1187, 1188-89 (11th Cir.1985), or directly through evidence of retaliatory animus directed against the plaintiff by the defendant.
v.
CAMDEN COUNTY BOARD OF EDUCATION, Et Al., Defendants-Appellees
The plaintiffs are former teachers at Camden County High School who were suspended from their positions on February 11, 1977, and subsequently discharged for cause. In the summer of 1976, both had filed charges of racial discrimination against the school district with the Office of Civil Rights of the then Department of Health, Education and Welfare (“HEW”). Following a timely complaint to the Equal Employment Opportunity Commission (“EEOC”), the plaintiffs filed this suit alleging that they were discharged in retaliation for the filing of the discrimination complaints with HEW, in violation of § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a).
Following a bench trial, the district court made findings of fact and conclusions of law. The court concluded that although the plaintiffs had established a prima facie case of retaliation, they did not prove by a preponderance of the evidence that the defendants’ articulated reasons for discharging them were merely a pretext for discrimination.
The plaintiffs contend that the district court’s findings of fact concerning disparate treatment and motive were inadequate and clearly erroneous. They also contend that the district court erred in allocating to them the burden of disproving the defendants’ articulated reasons for terminating the plaintiffs, in light of what the plaintiffs insist was direct evidence of discriminatory animus. We do not agree, and we therefore affirm.
The plaintiffs did introduce considerable documentary evidence of instances of poor performance and misconduct in varying degrees of severity among other faculty members, which did not result in termination or suspension. This fact was specifically noted by the district court in its findings of fact. The plaintiffs believe that this evidence merited more detailed findings. In our opinion, the district court adequately noted the significance of the plaintiffs’ evidence.
The plaintiffs missed the point of the district court’s findings and conclusions. The court did find that the plaintiffs’ infractions were in fact dealt with more severely than were comparable in[*1189] fractions by other faculty members. This is precisely the fact which the plaintiffs were seeking to prove. However, the court found that the disparate treatment was not in response to the filing of the complaints with the HEW. Rather, it accepted the defendants’ testimony that the plaintiffs were suspended and discharged because their infractions were perceived to be part of an ongoing pattern of conduct manifesting disrespect and open defiance toward the supervisory authority of the school principal, Peter Baker, wholly apart from the filing of the complaints. Peter Baker is plaintiff Thomas Baker’s brother. In 1976, he, too, had filed discrimination charges against the school system, which he later withdrew. After examining the record, we conclude that these findings were not clearly erroneous. See Pullman Standard v. Swint, 456 U.S. 273, 289-90, 102 S.Ct. 1781, 1790-91, 72 L.Ed.2d 66 (1982).
The plaintiffs also contend that the burden should have been on the defendants to prove that the plaintiffs would have been suspended and discharged even if they had not filed the charges.
It is true that the allocation of proof prescribed in McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) and Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), does not apply in a case where substantial direct evidence of discrimination is shown, sufficient to establish that discrimination was a significant factor in an employment decision. Bell v. Birmingham Linen Service, 715 F.2d 1552, 1557 (11th Cir.1983).
Here, however, there was only circumstantial evidence of retaliation, chiefly in the form of remarks by David Rainer, the superintendent of schools, demonstrating his displeasure about the HEW investigation and his association of plaintiff Thomas Baker with the investigation. In a retaliatory discharge case under § 704(a), where there is no direct evidence of retaliation, we have held that a plaintiff may make a prima facie case of retaliation by proving:
(1) that there was a statutorily protected participation, (2) that an adverse employment action occurred, and (3) that there was a causal link between the participation and the adverse employment action.
Whatley v. Metropolitan Atlanta Rapid Transit Authority, 632 F.2d 1325, 1328 (5th Cir., Unit B, 1980).
We do not construe the “causal link” in the Whatley formula to be the sort of logical connection that would justify a prescription that the protected participation in fact prompted the adverse action. Such a connection would rise to the level of direct evidence of discrimination, shifting the burden of persuasion to the defendant. Rather, we construe the “causal link” element to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated.
We believe that the plaintiffs’ evidence of Rainer’s feeling about the HEW investigation, his knowledge of Thomas Baker’s involvement and Peter Baker’s knowledge of both plaintiffs’ involvement in the investigation did no more than establish the necessary “causal link” between their complaints and their termination, as we have defined that term. This evidence enabled them to overcome the initial hurdle of having to make a prima facie showing of retaliation. It did not, however, relieve them of the burden of overcoming any legitimate reasons articulated by the defendants. As noted above, the district court concluded that the plaintiffs failed to meet that burden, and that finding is not clearly erroneous.
AFFIRMED.