Jeanne Smith v. J. Smith Lanier & Co., 352 F.3d 1342 (11th Cir. 2003). · Go Syfert
Jeanne Smith v. J. Smith Lanier & Co., 352 F.3d 1342 (11th Cir. 2003). Cases Citing This Book View Copy Cite
72 citation events (72 in the last 25 years) across 11 distinct courts.
Strongest positive: Mr. Ernesto Lontoc v. School Board of Palm Beach County (ca11, 2025-10-27)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
cited Cited as authority (rule) Mr. Ernesto Lontoc v. School Board of Palm Beach County
11th Cir. · 2025 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1346 (11th Cir. 2003).
cited Cited as authority (rule) Jones v. Alfa Insurance
N.D. Ala. · 2024 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003) (cleaned up).
discussed Cited as authority (rule) DAVIS v. SOUTHEAST QSR LLC
N.D. Fla. · 2024 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1346 (11th Cir. 2003) (agreeing with the Sixth and Seventh Circuits that “[a] general interest in being rehired without submitting an application is not enough to establish a prima facie case of age discrimination”).4 Second, Davis cannot show QSR treated “similarly situated” employees outside his class more favorably.
cited Cited as authority (rule) Clark v. Marceno
M.D. Fla. · 2024 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003) (internal citation omitted).
cited Cited as authority (rule) GRAY v. BOARD OF TRUSTEES OF THE GEORGIA MILITARY COLLEGE
M.D. Ga. · 2023 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003)).
discussed Cited as authority (rule) Fernandez v. Hotwire Communications, LLC
S.D. Fla. · 2022 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003) (emphasis added) (explaining that an ADEA plaintiff must show “evidence by which a fact finder could reasonably conclude that the employer intended to discriminate on the basis of age in reaching that decision” (emphasis added)).
cited Cited as authority (rule) Harris v. Hyundai Motor Manufacturing Alabama, LLC
M.D. Ala. · 2021 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003).
cited Cited as authority (rule) James Kirkland v. City of Tallahassee
11th Cir. · 2021 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003).
discussed Cited as authority (rule) Keller v. Hyundai Motor Manufacturing (2×) also: Cited "see"
M.D. Ala. · 2021 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003).
cited Cited as authority (rule) Jody Schultz v. Goldbelt Glacier Health
3rd Cir. · 2017 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir. 2003); see also Williams v. Giant Food Co., 370 F.3d 423 , 430 (4th Cir. 2004); Wanger v. G.A.
cited Cited as authority (rule) Darrell Alsobrook v. Fannin County, Georgia
11th Cir. · 2017 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003) (quotation omitted).
discussed Cited as authority (rule) Williams v. VWR International, LLC (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1346 (11th Cir. 2003).
cited Cited as authority (rule) Miriam Crisman v. Florida Atlantic University Board of Trustees
11th Cir. · 2016 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345-46 (11th Cir. 2003).
examined Cited as authority (rule) Johnson v. Unified Government of Athens-Clarke County (3×)
M.D. Ga. · 2016 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003)). .
examined Cited as authority (rule) Bruce Ayala v. Sheriff, Broward County Florida (3×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003) (per curiam).
cited Cited as authority (rule) Johnny Giles, Jr. v. Bellsouth Telecommunications, Inc.
11th Cir. · 2013 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003) (reaching the same conclusion in a reduction-in-force context).
discussed Cited as authority (rule) Freddie Mitchell v. City of Lafayette (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003); see also Rowell v. BellSouth Corp., 5 Case: 12-12556 Date Filed: 01/28/2013 Page: 6 of 10 433 F.3d 794, 798 (11th Cir. 2005).
discussed Cited as authority (rule) Mitchell v. City of LaFayette (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003); see also Rowell v. Bell-South Corp., 433 F.3d 794, 798 (11th Cir. 2005).
discussed Cited as authority (rule) Barbara Kragor v. Takeda Pharmaceuticals America, Inc.
11th Cir. · 2012 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003), but it is more accurate to say that once the employer offers evidence of a legitimate, nondiscriminatory reason for the adverse action, "the McDonnell Douglas framework — with its presumptions and burdens — disappear^], and the sole remaining issue [i]s discrimination vel non.” Reeves, 530 U.S. at 142-43 , 120 S.Ct. 2097 (citations and internal quotation marks omitted).
cited Cited as authority (rule) Troy G. Avera v. UAL Corporation
11th Cir. · 2012 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
cited Cited as authority (rule) Diana Vega v. Invsco Group, Ltd.
11th Cir. · 2011 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
cited Cited as authority (rule) Natasha Williams v. Alpharetta Transfer Station, LLC
11th Cir. · 2011 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345-46 (11th Cir.2003) (applying the application requirement to age discrimination claim).
cited Cited as authority (rule) Leroy Hill, Jr. v. Emory University
11th Cir. · 2009 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003) (per curiam) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Stoyanov v. Winter
D.D.C. · 2009 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir. 2003); Wanger v. G.A.
cited Cited as authority (rule) Stoyanov v. Winter
D.D.C. · 2009 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003); Wanger v. G.A.
cited Cited as authority (rule) Randy Jones v. Alabama Power Company
11th Cir. · 2008 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003) (applying application requirement to age discrimination claim).
discussed Cited as authority (rule) Wheeles v. Nelson's Electric Motor Services (2×) also: Cited "see"
M.D. Ala. · 2008 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003) (quoting Turlington v. Atlanta Gas Light Co., 135 F.3d 1428, 1432 (11th Cir.1998)). i. Wheeles’ Burden to Establish Prima facie case Under McDonnell Douglas and its progeny, to satisfy the four part prima facie requirement Wheeles must again show: (1) that she was a member of the protected group of persons between the ages of forty and seventy; (2) that she was subject to adverse employment action; (3) that a substantially younger person filled the position that she was discharged from; and (4) that she was qualified for the job for whi…
discussed Cited as authority (rule) Eduardo Padilla v. North Broward Hospital District (2×) also: Cited "see"
11th Cir. · 2008 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
cited Cited as authority (rule) Green v. City of St. Louis, Mo.
8th Cir. · 2007 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003) (per curiam) (where openings are publicized, plaintiff must apply, even if she expressed general interest in being rehired).
cited Cited as authority (rule) Douglas L. Gilbert v. U.S. Department of Justice
11th Cir. · 2007 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003) (per curiam) (age discrimination under ADEA).
discussed Cited as authority (rule) Siler v. Hancock County Board of Education (2×) also: Cited "see"
M.D. Ga. · 2007 · confidence medium
Smith Lanier & Co., 352 F.3d 1342,1345 (11th Cir.2003).
examined Cited as authority (rule) Henry v. Jefferson County Personnel Board (3×)
N.D. Ala. · 2007 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
cited Cited as authority (rule) Gloria Jean Bell v. Capital Veneer Works
11th Cir. · 2007 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir. 2003).
cited Cited as authority (rule) Davis v. Valley Hospitality Services, LLC
11th Cir. · 2006 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344-45 (11th Cir.2003) (per curiam).
cited Cited as authority (rule) Larry Kincaid v. Board of Trustees, Stillman Colle
11th Cir. · 2006 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
cited Cited as authority (rule) Duffy v. Lowe's Home Centers, Inc.
M.D. Fla. · 2006 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003). 36 .
cited Cited as authority (rule) James Bruce Jones v. BE&K Engineering Co.
11th Cir. · 2005 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003).
examined Cited as authority (rule) Davis v. Valley Hospitality Services, LLC. (3×) also: Cited "see"
M.D. Ga. · 2005 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1344 (11th Cir.2003); Standard, 161 F.3d at 1329 .
discussed Cited as authority (rule) Williams v. Giant Food Inc. (2×) also: Cited "see"
4th Cir. · 2004 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003); Wanger v. G.A.
discussed Cited as authority (rule) Williams v. Giant Food Inc. (2×) also: Cited "see"
4th Cir. · 2004 · confidence medium
Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir.2003); Wanger v. G.A.
discussed Cited "see, e.g." Percy Green v. City of St. Louis
8th Cir. · 2007 · signal: see also · confidence medium
See 909 F.2d at 1217; see also Smith v. J. -6- 6 Smith Lanier & Co., 352 F.3d 1342, 1345 (11th Cir. 2003) (per curiam) (where openings are publicized, plaintiff must apply, even if she expressed general interest in being rehired).
Retrieving the full opinion text from the archive…
Jeanne SMITH, Plaintiff-Appellant,
v.
J. SMITH LANIER & CO., Defendant-Appellee
03-12591.
Court of Appeals for the Eleventh Circuit.
Dec 12, 2003.
352 F.3d 1342
2003 U.S. App. LEXIS 25140
2003 WL 22928660
Larry Allen Pankey, Pankey, Coffman & Horlock, L.L.C., Cumming, GA, for Plaintiff-Appellant., Allen William Groves, Michael P. Elkon, Seyfarth Shaw, Atlanta, GA, for Defen-danb-Appellee.
Black, Carnes, Per Curiam, Wilson.
Cited by 42 opinions  |  Published
PER CURIAM:

Jeanne Smith appeals the district court’s grant of summary judgment to J. Smith Lanier & Co. (JSL), in her lawsuit alleging failure to rehire or transfer after her position was eliminated, in violation of the Age Discrimination in Employment Act (ADEA), .29 U.S.C. § 621, et seq. The district court did not err in granting summary judgment to JSL. We affirm.

I. BACKGROUND

On October 11, 2002, Bill Edwards, Vice-President of Human Resources and Administration for JSL, and Tom Yearian, Smith’s supervisor, informed Smith her job was being eliminated. Smith claims she specifically asked Edwards for another position in the company during the meeting. She informed him she would take any position in the company and she was willing to relocate. Edwards, however, told Smith nothing was available for her at that time.

Smith admitted that, after her termination meeting, but prior to her last day of work, she possessed knowledge of several positions listed as vacant on JSL’s corporate website. Smith, however, did not express specific interest in any of them. Moreover, Smith never submitted a formal application for another position at JSL at any time.

The district court found Smith failed to produce any evidence she applied for a job or put JSL on notice she was interested in a specific position. Accordingly, the district court issued an order granting summary judgment to JSL, from which Smith now appeals.

II. DISCUSSION

We review a district court’s grant of summary judgment de novo. Turlington v. Atlanta Gas Light Co., 135 F.3d 1428, 1432 (11th Cir.1998). In an ADEA case, we apply the following burden-shifting scheme. “Initially, the plaintiff must establish a prima facie case of discrimination. The employer then must respond with a legitimate, nondiscriminatory reason for its actions. In order to prevail, the plaintiff must establish that the employer’s articulated legitimate, nondiscriminatory reason was a pretext to mask unlawful discrimination.” Id. In a reduction-in-force (RIF) case and where a position is eliminated in its entirety:

the plaintiff establishes a prima facie case [of age discrimination] by demonstrating (1) that she was in a protected age group and was adversely affected by an employment decision, (2) that she was qualified for her current position or to assume another position at the time of discharge, and (3) evidence by which a fact finder could reasonably conclude that the employer intended to discriminate on the basis of age in reaching that decision.

Jameson v. Arrow Co., 75 F.3d 1528, 1531— 32 (11th Cir.1996). The ADEA, however, “does not mandate that employers establish an interdepartmental transfer program during the course of an RIF, ... or impose any added burden on employers to transfer or rehire laid-off workers in the protected age group as a matter of course.” Id. at 1532-33 (citations omitted). Rather, the ADEA simply provides that a discharged employee “who applies for a job for which she is qualified and which is available at the time of her termination must be considered for that job[*1345] along with all other candidates, and cannot be denied the position based upon her age.” Id. at 1533 (emphasis added).

The question presented is whether Smith’s October 11 statement of general interest in any job satisfies Jameson’s requirement that she apply for a job. In other words, we must decide whether Smith’s general statement relieves her of the obligation to actually apply for a specific position.

The Sixth Circuit held that a plaintiffs failure to rehire claim failed where the plaintiff only expressed a general interest in being rehired and did not actually submit an application for a publicized open position. Wanger v. G.A. Gray Co., 872 F.2d 142, 145-46 (6th Cir.1989). Similarly, the Seventh Circuit held that, if an employer has a system of posting jobs and allowing employees to apply for them, an employee’s failure to apply for a particular position prevents the employee from establishing a prima facie case of discrimination. Box v. A & P Tea Co., 772 F.2d 1372, 1376 (7th Cir.1985). [1]

We agree with the Sixth and Seventh Circuits. A general interest in being rehired without submitting an application is not enough to establish a prima facie case of age discrimination when the defendant-employer has publicized an open position. [2] Here, Smith knew of vacant positions, but she chose not to apply for any of them, even though she admitted she was neither dissuaded nor prevented by management from doing so. Moreover, Smith advances no evidence suggesting it was JSL’s policy or practice to transfer individuals to vacant positions who had not first specifically applied for them. [3]

[*1346] Smith cites Carmichael v. Birmingham Saw Works, 738 F.2d 1126, 1133 (11th Cir.1984), to support her argument that JSL had some reason or duty to consider Smith for other positions, even though Smith never applied for those positions. Carmichael, however, involved a system where there was no formal notice of jobs, and the company relied on word of mouth and informal review procedures. There we found the plaintiff was not required to apply for a specific job, because he had no way of knowing about its availability. Here, JSL formally posts its vacant positions on the company’s website or in local newspapers and requires an application be filed for the position. Smith knew about the availability of positions and chose not to formally apply. Thus, Carmichael is inapplicable.

III. CONCLUSION

For the reasons stated, Smith fails to establish a prima facie case of discrimination. Accordingly, we hold that the district court did not err by granting JSL’s motion for summary judgment. [4]

AFFIRMED.

1

.Smith relies on Kehoe v. Anheuser-Busch, Inc., 96 F.3d 1095 (8th Cir.1996), and Binder v. Long Island Lighting Co., 57 F.3d 193 (2d Cir.1995), overruled on other grounds by, Fisher v. Vassar College, 114 F.3d 1332 (2d Cir.1997), for the proposition her failure to apply is not an absolute bar to her claim for age discrimination. Smith's case, however, is different than both Kehoe and Binder.

In Kehoe, the Eighth Circuit held a district court did not commit plain error when it failed to instruct the jury the plaintiff was required to apply for an open position as part of his prima facie case. 96 F.3d at 1105. The Eighth Circuit found the plaintiff’s evidence was sufficient to support the jury's conclusion his employer discriminated against him because of his age, and therefore, no plain error occurred. Id. The court noted it would be inclined to hold that the application requirement should be excused in this case, as plaintiff's employer had a reason or duty to consider him for the job because the supervisors knew they were going to eliminate his position as a sports promotion coordinator at the same time they were surveying candidates for an available sports promotion coordinator. Id. at 1105 n. 13. In contrast, Smith was the only proposal technician at JSL and none of the positions she identifies as possible transfers are similarly situated to the position she held before.

In Binder, the Second Circuit found the employee’s failure to apply for positions through the formal process was not a bar to his age discrimination suit. 57 F.3d at 200-01. The court found the words and deeds of the vice president of human resources suggested to the employee that he did not need to apply for positions filled through the formal process because the vice president was already investigating those opportunities or because the employee could not be considered for those positions because it would violate the employer’s underemployment policy. Id. Smith advances no similar evidence.

2

. Smith relies on Beaver v. Rayonier, Inc., 200 F.3d 723 (11th Cir.1999), as a case with similar facts where we found age discrimination. In that case, however, we did not discuss either the impact of vacant jobs being made known publicly or whether the plaintiff actually applied for any of the open positions. Thus, Beaver is not relevant to our analysis.

3

. We agree with the Sixth Circuit in Wanger that there are "limited situations” where an employee need ■ not necessarily apply for a position before alleging discrimination. This case is not one of the "limited situations.”

4

. We do not address Smith’s arguments that the district court erred by finding (1) she was required to show the open positions were similarly situated to her old position, and (2) she failed to show she was qualified for the open positions, because we find she failed to apply for the open positions.