Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303 (11th Cir. 2000). · Go Syfert
Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303 (11th Cir. 2000). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …discrimination on the basis of a characteristic at p. 1304 ≈ altered
38 citation events (34 in the last 25 years) across 13 distinct courts.
Strongest positive: King v. CVS Caremark Corp. (alnd, 2016-02-23)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (rule) King v. CVS Caremark Corp.
N.D. Ala. · 2016 · confidence medium
As established under the plurality decision of Price Waterhouse v. Hopkins, 490 U.S. 228 , 109 S.Ct. 1775 , 104 L.Ed.2d 268 (1989), superseded by statute as stated in Lewis v. Young Men's Christian Ass’n, 208 F.3d 1303, 1304-05 (11th Cir.2000), a mixed-motives case occurs “when an employee alleges that he suffered an adverse employment action because of both permissible and impermissible considerations. ..." Gross, 557 U.S. at 171 , 129 S.Ct. at 2347 .
discussed Cited as authority (rule) Anthony Carter v. Luminant Power Services Co.
5th Cir. · 2013 · confidence medium
In recent years, the Supreme Court has repeatedly held that language to the effect of “discrimination on the basis of [a characteristic]” sweeps in retaliation arising from complaints of discrimination based on that characteristic.15 Yet all but one of those cases involved broadly phrased prohibitions—prohibitions in statutes that did not mention retaliation in one place but omit it from the provision at issue.16 In Jackson v. Birmingham Board of Education,17 for example, the Supreme Court held that “when a funding recipient retaliates against a person because he complains of sex discr…
discussed Cited as authority (rule) Carter v. Luminant Power Services Co.
5th Cir. · 2013 · confidence medium
Power Co-op., 215 F.3d 848, 852 (8th Cir.2000); McNutt v. Bd. of Trustees of Univ. of Illinois, 141 F.3d 706, 707-09 (7th Cir.1998); Tanca v. Nordberg, 98 F.3d 680, 682-85 (1st Cir.1996); see also Kubicko v. Ogden Logistics Services, 181 F.3d 544 , 552 n. 7 (4th Cir.1999) (holding § 2000e-2(m) inapplicable to Title VII retaliation claims); Woodson v. Scott Paper Co., 109 F.3d 913, 935 (3d Cir.1997) (same); cf. Metoyer v. Chassman, 504 F.3d 919, 934 (9th Cir.2007); Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303, 1304 (11th Cir.2000).
discussed Cited as authority (rule) Anthony Carter v. Luminant Power Services Co.
5th Cir. · 2013 · confidence medium
In recent years, the Supreme Court has repeatedly held that language to the effect of “discrimination on the basis of [a characteristic]” sweeps in retaliation arising from complaints of discrimination based on that characteristic.15 Yet all but one of those cases involved broadly phrased prohibitions—prohibitions in statutes that did not mention retaliation in one place but omit it from the provision at issue.16 In Jackson v. Birmingham Board of Education,17 for example, the Supreme Court held that “when a funding recipient retaliates against a person because he complains of sex discr…
discussed Cited as authority (rule) Pederson v. Mills
D.D.C. · 2009 · confidence medium
See Price Waterhouse v. Hopkins, 490 U.S. 228, 258 , 109 S.Ct. 1775 , 104 L.Ed.2d 268 (1989); Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1303 (11th Cir.2000) (per curiam) (holding that Price Waterhouse still applies to ADEA cases, though not to Title VII; summary judgment affirmed where defendant proved by a preponderance of the evidence that it would have made the same employment decision absent the alleged discrimination).
discussed Cited as authority (rule) Pederson v. Preston
D.D.C. · 2009 · confidence medium
See Price Waterhouse v. Hopkins, 490 U.S. 228, 258 (1989); Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1303 (11th Cir. 2000) (per curiam) (holding that Price Waterhouse still applies to ADEA cases, though not to Title VII; summary judgment affirmed where defendant proved by a preponderance of the evidence that it would have made the same employment decision absent the alleged discrimination).
discussed Cited as authority (rule) Metoyer v. Chassman (2×)
9th Cir. · 2007 · confidence medium
Corp., 391 F.3d 506 , 512 n. 3 (3rd Cir.2004); Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303, 1305 (11th Cir.2000).
cited Cited as authority (rule) Metoyer v. Screen Actors Guild
9th Cir. · 2007 · confidence medium
Corp., 391 F.3d 506 , 512 n.3 (3rd Cir. 2004); Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1305 (11th Cir. 2000).
discussed Cited as authority (rule) Cobb v. Syniverse Technologies, Inc.
M.D. Fla. · 2005 · confidence medium
The plaintiff must show that retaliation, and not other some other reason, was the motivating factor behind Plaintiffs termination; in other words, mixed motive *1290 remains an affirmative defense in an ADEA retaliation case. 2 See Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303, 1304 (11th Cir.2000); Pennington v. City of Huntsville, 261 F.3d 1262 , 1269 (11th Cir.2001) (recognizing Lewis and its holding and extending it to Title VII cases).
discussed Cited as authority (rule) Elizabeth Steger v. General Electric Co.
11th Cir. · 2003 · confidence medium
A “same decision” defense can be sufficiently supported by evidence showing the “plaintiffs submission of a false certification” and misconduct, Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1306 (11th Cir.2000) (per curiam), a competing job candidate’s better qualifications, Harris v. Shelby Co. Bd. of Educ., 99 F.3d 1078, 1084 (11th Cir.1996), or the plaintiffs lack of qualifications for a promotion based on reprimands for poor performance and falsification of documents, tardiness, a negative attitude, and communication difficulties.
discussed Cited as authority (rule) Michael Joel Pennington v. City of Huntsville
11th Cir. · 2001 · confidence medium
In Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303, 1305 (11th Cir. 2000), we held that the relevant sections of the 1991 Act did not apply to mixed-motive retaliation claims under the Age Discrimination in Employment Act ("ADEA").
discussed Cited as authority (rule) Michael Joel Pennington v. City of Huntsville
11th Cir. · 2001 · confidence medium
In Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1305 (11th Cir.2000), we held that the relevant sections of the 1991 Act did not apply to mixed-motive retaliation claims under the Age Discrimination in Employment Act (“ADEA”).
discussed Cited as authority (rule) Michael W. Bass v. Board of County Commissioners
11th Cir. · 2001 · confidence medium
When a jury finds that a government employer acted pursuant to an affirmative action plan, then the employer should be held liable for discrimination unless the plan is valid under Title VII and the Equal Protection Clause.5 This is because, regardless of good intentions, a government employer commits unlawful discrimination when it takes race into account in an employment decision and acts pursuant to an invalid affirmative action plan.6 5 Under 42 U.S.C. § 2000e-5(g)(2)(B), adopted as part of the Civil Rights Act of 1991, a defendant may, however, limit the types of relief to which a Title …
discussed Cited as authority (rule) Michael W. Bass v. Board of County Commissioners
11th Cir. · 2001 · confidence medium
Under 42 U.S.C. § 2000e-5(g)(2)(B), adopted as part of the Civil Rights Act of 1991, a defendant may, however, limit the types of relief to which a Title VII plaintiff is entitled if it is able to "prove by a preponderance of the evidence that it would have made the same disputed employment decision even in the absence of the alleged discrimination.” Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303, 1304 (11th Cir.2000).
cited Cited as authority (rule) Behne v. 3m Microtouch Systems, Inc.
9th Cir. · 2001 · confidence medium
Power Coop., 215 F.3d 848, 852 (8th Cir.2000); Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1305-06 (11th Cir.2000).
discussed Cited as authority (rule) Lekunutu Matima v. Andrea E. Celli
2d Cir. · 2000 · confidence medium
Power Coop., 215 F.3d 848, 852 (8th Cir. 2000); Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303, 1305-06 (11th Cir. 2000); Kubicko v. Ogden Logistics Servs., 181 F.3d 544 , 552 n.7 (4th Cir. 1999); McNutt v. Board of Trustees, 141 F.3d 706, 707-09 (7th Cir. 1998); Woodson v. Scott Paper Co., 109 F.3d 913, 932-35 (3d Cir. 1997); Tanca v. Nordberg, 98 F.3d 680, 682-85 (1st Cir. 1996).
discussed Cited as authority (rule) Matima v. Celli
2d Cir. · 2000 · confidence medium
Power Coop., 215 F.3d 848, 852 (8th Cir.2000); Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1305-06 (11th Cir.2000); Kubicko v. Ogden Logistics Servs., 181 F.3d 544 , 552 n. 7 (4th Cir.1999); McNutt v. Board of Trustees, 141 F.3d 706, 707-09 (7th Cir.1998); Woodson v. Scott Paper Co., 109 F.3d 913, 932-35 (3d Cir.1997); Tanca v. Nordberg, 98 F.3d 680, 682-85 (1st Cir.1996).
cited Cited "see" Jack Gross v. FBL Financial Services
8th Cir. · 2008 · signal: see · confidence high
See Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303 , 1305 & n.2 (11th Cir. 2000) (per curiam).
cited Cited "see" Gross v. FBL Financial Services, Inc.
8th Cir. · 2008 · signal: see · confidence high
See Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303 , 1305 & n. 2 (11th Cir.2000) (per curiam).
cited Cited "see" Roberts v. Design & Manufacturing Services, Inc.
11th Cir. · 2006 · signal: see · confidence high
See Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1305 (11th Cir.2000) (explaining availability of mixed-motive argument in discrimination cases).
discussed Cited "see" Dehne v. Medicine Shoppe Intern., Inc.
E.D. Mo. · 2003 · signal: see · confidence high
See Lewis v. Young Men's Christian Ass'n, 208 F.3d 1303, 1305 (11th Cir.2000); Kubicko v. Ogden Logistics Serv., 181 F.3d 544 , 553 n. 7 (4th Cir.1999); McNutt v. Board of Trustees of Univ. of III, 141 F.3d 706, 709 (7th Cir.1998); Woodson v. Scott Paper Co., 109 F.3d 913, 935 (3rd Cir.), cert, denied, 522 U.S. 914 , 118 S.Ct. 299 , 139 L.Ed.2d 230 (1997); Tanca v. Nordberg, 98 F.3d 680 , *1149 685 (1st Cir.1996), cert, denied, 520 U.S. 1119 , 117 S.Ct. 1253 , 137 L.Ed.2d 333 (1997); see also Norbeck, 215 F.3d at 852 (plaintiff not entitled to attorney's fees in mixed-motive retaliation case u…
discussed Cited "see, e.g." Jennifer Chavez v. Credit Nation Auto Sales, LLC (2×)
11th Cir. · 2016 · signal: see also · confidence medium
Id. at 2532-33; see also Lewis v. Young Men’s Christian Ass’n, 208 F.3d 1303, 1304-05 (11th Cir.2000) (indicating retaliation is not among the employment practices listed in § 2000e-2(m)). 5 Further, the Supreme Court recently abrogated the requirement of direct evidence for § 2000e-2(m) cases.
discussed Cited "see, e.g." Wholf v. Tremco, Inc.
Ohio Ct. App. · 2015 · signal: see also · confidence medium
See also Lewis v. Young Men’s Christian Assn., 208 F.3d 1303, 1305 (11th Cir.2000) (holding that the 1991 Act does not apply to a dual motive retaliation claim under ADEA).4 {¶38} Until recently, Ohio courts have not defined a particular causation standard to be applied in either status-based or conduct-based discrimination actions, and no Ohio court has expressly held that retaliation claims survive where there is evidence that legitimate factors played a role in the adverse employment action.
discussed Cited "see, e.g." Palmquist v. Shinseki
D. Me. · 2011 · signal: see also · confidence medium
See also Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303, 1305 (11th Cir.2000) (mixed-motive remedies do not apply to retaliation claims under Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq.); Norbeck v. Basin Elec.
discussed Cited "see, e.g." Robert J. Norbeck, Appellant/cross-Appellee v. Basin Electric Power Cooperative, Appellee/cross-Appellant
8th Cir. · 2000 · signal: see also · confidence medium
See Kubicko v. Ogden Logistics Serv., 181 F.3d 544 , 552 n. 7 (4th Cir.1999); Woodson v. Scott Paper Co., 109 F.3d 913, 935 (3d Cir.1997); Tanca v. Nordberg, 98 F.3d 680, 684 (1st Cir.1996); see also Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303, 1305 (11th Cir.2000) (Civil Rights Act does not apply to dual motive retaliation claim under ADEA).
discussed Cited "see, e.g." Robert J. Norbeck v. Basin Electric Power
8th Cir. · 2000 · signal: see also · confidence medium
See Kubicko v. Ogden Logistics Serv., 181 F.3d 544 , 552 n.7 (4th Cir. 1999); Woodson v. Scott Paper Co., 109 F.3d 913, 935 (3d Cir. 1997); Tanca v. Nordberg, 98 F.3d 680, 684 (1st Cir. 1996); see also Lewis v. Young Men’s Christian Assoc., 208 F.3d 1303, 1305 (11th Cir. 2000) (Civil Rights Act does not apply to dual motive retaliation claim under ADEA).
Retrieving the full opinion text from the archive…
Grace LEWIS, Plaintiff-Appellant,
v.
YOUNG MEN’S CHRISTIAN ASSOCIATION, a Corporation, Defendant, Young Men’s Christian Association, Southside Branch, a Corporation, Defendant-Appellee
99-12255.
Court of Appeals for the Eleventh Circuit.
Apr 13, 2000.
208 F.3d 1303
2000 U.S. App. LEXIS 6682
2000 WL 373957
John F. Kizer, Jr., Kizer & Gonzalez, Birmingham, AL, for Plaintiff-Appellant., Fern Singer, Gail Washington, Robert R. Baugh, Barry Johnson Puckett, Sirote & Permutt, P.C., William H. Benson, III, Birmingham, AL, for Defendant-Appellee.
Birch, Carnes, Per Curiam, Roney.
Cited by 28 opinions  |  Published
PER CURIAM:

The principal issue in this case is whether 42 U.S.C. § 2000e-5(g)(2)(B), adopted by the Civil Right's Act of 1991, overrules the application of Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), to mixed-motive retaliation claims under the Age Discrimination in Employment Act (“ADEA”). In Price [*1304] Waterhouse the Supreme Court held that an employer would not be liable for sex discrimination under Title VII if it could prove by a preponderance of the evidence that it would have made the same disputed employment decision even in the absence of the alleged discrimination. Subsequently Congress passed § 2000e-5(g)(2)(B), which provides that although an employer may limit plaintiffs remedies in a mixed-motive case involving race, color, religion, sex or national origin discrimination, it may no longer foreclose liability absolutely in those cases. This is a retaliation case under the age discrimination statute, a type of discrimination not specifically covered by § 2000e-5(g)(2)(B). We hold that 42 U.S.C. § 2000e-5(g)(2)(B) does not apply to mixed-motive retaliation claims under the ADEA, and that the decision in Price Waterhouse and our subsequent decisions require that the summary judgment for the defendant be affirmed. See Lewis v. YMCA, 53 F.Supp.2d 1253, 1263 (N.D.Ala.1999).

The facts, which are recited in detail by the district court, see 53 F.Supp.2d at 1255-57, are summarized as follows: Plaintiff was employed as an aerobics instructor by the YMCA beginning approximately in April 1988. After she was taken off the aerobics schedule in August 1995 for alleged misconduct, she filed a lawsuit claiming that she had been discriminated against because of her age. Her case was dismissed in April 1997. In November 1997, plaintiff applied and was turned down for employment at a different YMCA branch.

Plaintiff filed another lawsuit in the district court, claiming that the YMCA had failed to hire her in retaliation for her previous age discrimination lawsuit, in violation of the retaliation clause of the ADEA, 29 U.S.C. § 623(d). [1] The YMCA moved for summary judgment, arguing that, in relevant part, even if the failure to hire plaintiff had been partially retaliatory, under the doctrine of Price Waterhouse as applied to ADEA retaliation claims, an employer can escape liability by establishing that it would have made the same employment decision even absent a retaliatory motive. The YMCA presented evidence that plaintiff would have been turned down in any event because of her previous misconduct. In response, plaintiff contended that the Price Waterhouse defense as applied to ADEA retaliation claims had been overruled by 42 U.S.C. § 2000e-5(g)(2)(B), enacted by § 107(b) of the Civil Rights Act of 1991, Pub.L. No. 102-166, 105 Stat. 1071, 1075 (1991). Alternatively, plaintiff argued that even if Price Waterhouse applied, the YMCA failed to show that she would not have been hired in the absence of a retaliatory motive. The district court granted summary judgment, on the ground that § 2000e-5(g)(2)(B) was inapplicable and the YMCA had established a Price Water-house defense. See 53 F.Supp.2d at 1262-63.

We review the district court’s grant of summary judgment de novo. Harris v. Board of Educ., 105 F.3d 591, 595 (11th Cir.1997).

In Price Waterhouse v. Hopkins, 490 U.S. 228, 258, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), the Supreme Court held that an employer would not be liable for sex discrimination under Title VII if it could prove by a preponderance of the evidence that it would have made the same disputed employment decision even in the absence of the alleged discrimination. In later cases, this circuit and others extended the holdings of Title VII cases to discrimina[*1305] tion cases brought under other statutes, including the ADEA. See, e.g., Grigsby v. Reynolds Metals Co., 821 F.2d 590, 594 (11th Cir.1987). Prior to the passage of the Civil Rights Act in 1991, therefore, Price Waterhouse governed the treatment of mixed-motive cases involving ADEA retaliation.

To determine whether § 2000e-5(g)(2)(B) overruled the holding of Price Waterhouse as applied to ADEA retaliation claims, we start, as always, with the language of the statute:

On a claim in which an individual proves a violation under section 2000e-2(m) of this title and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—
(i) may grant declaratory relief, in-junctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title; and
(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

42 U.S.C. § 2000e-5(g)(2)(B) (emphasis added).

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

42 U.S.C. § 2000e-2(m). With respect to mixed-motive cases involving the types of discrimination listed in § 2000e~2(m)— race, color, religion, sex and national origin—§ 2000e-5(g)(2)(B) by its terms clearly rolls back the holding of Price Water-house. An employer may limit plaintiffs remedies, but may no longer foreclose liability absolutely, by showing that it would have taken the same disputed action in the absence of discrimination on the basis of race, color, religion, sex or national origin.

Retaliation prohibited by the ADEA under 29 U.S.C. § 623(d), however, is not among the unlawful employment practices listed in 42 U.S.C. § 2000e-2(m). That omission is significant because § 2000e-5(g)(2)(B) applies by its terms only to “claim[s] in which an individual proves a violation under section 2000e-2(m) of this title.”

In two previous cases, we addressed whether § 2000e-5(g)(2)(B) applied to discrimination claims based upon unlawful employment practices not listed in § 2000e-2(m). In Mabra v. United Food & Commercial Workers, 176 F.3d 1357, 1357-58 (11th Cir.1999) and Harris v. Shelby County Bd. of Educ., 99 F.3d 1078, 1084 n. 5, 1085 (11th Cir.1996), we decided that § 2000e-5(g)(2)(B) did not apply to discrimination claims brought under 42 U.S.C. § 1981 and § 1983, respectively, based on the lack of reference to those sections in § 2000e-2(m). We noted in Mabra that other parts of the Civil Rights Act of 1991 explicitly amended § 1981, which suggested that its omission in § 2000e-2(m) was intentional, not inadvertent. See Russello v. United States, 464 U.S. 16, 23, 104 S.Ct. 296, 78 L.Ed.2d 17 (1983). (“Where Congress includes particular language in one section of a statute but omits it in another section of the same [a]ct, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.”).

Similarly, the Civil Rights Act of 1991 makes reference to the ADEA in other sections, see, e.g., § 115 [2] , but not to ADEA retaliation claims in § 2000e-2(m). Section 2000e-5(g)(2)(B), therefore, does not change the treatment of mixed-motive cases of retaliation under the ADEA.

[*1306] Since § 2000e-5(g)(2)(B) is inapplicable, this case is analyzed under Price Waterhouse. There was no error in the district court’s conclusion that the YMCA would not have hired plaintiff even in the absence of discrimination. As the district court explained in detail, plaintiffs submission of a false certification and her taking of the personnel file without permission would have led the YMCA to deny her employment in any event. See Lewis v. YMCA, 53 F.Supp.2d at 1262-63.

AFFIRMED.

1

. 29 U.S.C. § 623(d) states:

It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in ' an investigation, proceeding, or litigation under this chapter.
2

. Section 115 of the Civil Rights Act of 1991 states that:

Section 7(e) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(e)) is amended—
[*1306] (1) by striking paragraph (2);
(2) by striking the paragraph designation in paragraph (1);
(3) by striking "Sections 6 and” and inserting "Section”; and
(4) by adding at the end the following:
"If a charge filed with the Commission under this Act is dismissed or the proceedings of the Commission are otherwise terminated by the Commission, the Commission shall notify the person aggrieved. A civil action may be brought under this section by a person defined in section 11(a) against the respondent named in the charge within 90 days after the date of the receipt of such notice.”.