To establish pretext, a plaintiff must show both that the employer's proffered reason was false and that discrimination was the real motivating factor.
A white female plaintiff sued her employer for race discrimination after being denied a promotion. Under the McDonnell Douglas framework, the employer provided a legitimate, non-discriminatory reason for the decision, noting that the selected candidate possessed superior experience in the role. The plaintiff failed to establish that this reason was a pretext for discrimination. To succeed, a plaintiff must show both that the employer's reason was false and that discrimination was the real motivating factor. Because the plaintiff did not provide sufficient evidence to show the reason was unworthy of credence, the court held that a mere scintilla of evidence is insufficient to defeat summary judgment.
At page 1163 Proving pretext in employment discrimination claims331 citing cases“a reason is not pretext for discrimination 'unless it is shown both that the reason was false, and that discrimination was the real reason.”
- Smith v. Am. Neighborhood Mortg. Acceptance Co., LLC, No. 3:23-cv-00628 (M.D. Fla. Mar. 30, 2025).(A mere ‘scintilla’ of evidence supporting the opposing party’s position will not suffice; there must be enough of a showing that a jury could reasonably find for that party.)
- Culpepper v. Birmingham Jefferson Cnty. Transit Auth. (BJCTA), No. 2:18-cv-00567 (N.D. Ala. Feb. 3, 2022).(A reason is not pretext for discrimination unless it is shown both that the reason was false, and that discrimination was the real reason.)
- Batayias v. The Mech. Shop, Inc., No. 4:19-cv-00015 (S.D. Ga. July 14, 2020).(A reason is not pretext for discrimination ‘unless it is shown both that the reason was false, and that discrimination was the real reason.’)
- Bartels v. 402 East Broughton Street, Inc., 173 F. Supp. 3d 1349 (S.D. Ga. 2016).published ([T]o avoid'summary judgment [the plaintiff] must introduce significantly, probative evidence showing that the asserted reason is merely a pretext for discrimination.)
- Thomas v. Bed Bath & Beyond, Inc., 508 F. Supp. 2d 1264 (N.D. Ga. 2007).published (a plaintiff cannot prove pretext by simply arguing or even by showing that he was better, qualified than the officer who received the position he coveted)
- Lidia Connell v. Postmaster Gen., US Postal Serv., 518 F. App'x 702 (11th Cir. 2013).unpublished (A reason is not pretext for discrimination unless it is shown both that the reason was false, and that discrimination was the real reason.)
- Atkins, No. 5:23-cv-00094 (N.D. Ala. Mar. 12, 2026).Comm’r of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006)).4 Because Ms. Atkins has not demonstrated that an equally or less qualified applicant was selected for the promotion, she has not established a prima facie case under McDonne…
- Jaketra Bryant v. Calvary Christian Sch. of Columbus Georgia Inc, No. 23-13252 (11th Cir. Feb. 12, 2026).unpublishedInc., 509 F.3d 1344, 1349 (11th Cir. 2007) (quoting Brooks v. County Comm’n of Jefferson County, 446 F.3d 1160, 1163 (11th Cir. 2006)).
- Gaskin, No. 0:24-cv-60431 (S.D. Fla. Jan. 6, 2026). Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (cleaned up).
- Adams, No. 2:23-cv-01765 (N.D. Ala. Dec. 5, 2025).Deputy Adams cannot carry his burden merely by questioning Sheriff Pettway’s proffered reason. “[T]o avoid summary judgment [the plaintiff] must introduce significantly probative evidence showing that the asserted reason is merely a pretex…
Show 23 more citing cases
- Latara Harris v. Bath & Body Works, LLC., No. 23-13816 (11th Cir. Oct. 30, 2025).unpublished(quotation marks and emphasis omitted)
- Smith v. The Florida Gulf Coast Univ. Bd. of Trs., No. 2:23-cv-00840 (M.D. Fla. Sept. 22, 2025).Comm'n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006) (quoting St.
- Farris v. RxBenefits Inc, No. 2:23-cv-00606 (N.D. Ala. Sept. 10, 2025).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Gray v. City of Evergreen, Alabama, No. 1:24-cv-00141 (S.D. Ala. July 18, 2025).Comm’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006) (emphasis added) (quoting St.
- Happy Johnson v. Spalding Cnty., Georgia, No. 24-13531 (11th Cir. July 10, 2025).unpublishedComm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (quoting St.
- Hardy v. Kohl, No. 6:23-cv-01526 (M.D. Fla. May 13, 2025).Grp., Inc., 509 F.3d 1344 , 1348–49 (11th Cir.2007) (citing Brooks v. County Comm’n. of Jefferson County, 446 F.3d 1160, 1163 (11th Cir.2006)) (emphasis in original).
- Joni Harris v. Int'l Paper Co., No. 24-11380 (11th Cir. May 13, 2025).unpublishedComm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Anderson v. Huffman, No. 8:23-cv-02782 (M.D. Fla. Mar. 28, 2025).Comm’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Standridge v. Blount Cnty. Bd. Of Educ., No. 2:23-cv-01021 (N.D. Ala. Feb. 24, 2025).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Gissendaner v. Dick's Sporting Goods, Inc., No. 1:23-cv-00444 (M.D. Ala. Jan. 17, 2025). Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Bennett v. Butler Cnty. Bd. of Educ., No. 2:18-cv-01061 (M.D. Ala. Jan. 3, 2025).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Craig v. City of Mobile, No. 1:23-cv-00269 (S.D. Ala. Nov. 27, 2024).Comm’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006) (emphasis added) (quoting St.
- Adams v. City Of Mobile, No. 1:23-cv-00305 (S.D. Ala. Nov. 20, 2024).Comm’n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006) (emphasis added) (quoting St.
- Israel v. Grand Peaks Prop. Mgmt., Inc., No. 0:23-cv-61131 (S.D. Fla. Oct. 21, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (emphasis in original) (quoting St.
- Black v. Five Guys Operations LLC, No. 2:22-cv-00545 (N.D. Ala. Sept. 3, 2024).Brooks v. County Comm’n of Jefferson County, Ala., 446 F.3d 1160, 1163 (11th Cir. 2006). 1.
- Mathews v. Walmart Inc, No. 5:22-cv-00397 (M.D. Ga. Aug. 22, 2024).Comm'n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Daugherty v. City of Pooler, No. 4:22-cv-00245 (S.D. Ga. Aug. 12, 2024).(quotation omitted)
- Nicole Guerriero v. City of Delray Beach, No. 23-10448 (11th Cir. May 21, 2024).unpublished Comm’r of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (internal quotation marks omit- ted).
- Susan Denham v. Alabama State Univ., No. 23-12439 (11th Cir. May 16, 2024).unpublishedComm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Harris v. Quantix, No. 4:22-cv-00253 (S.D. Ga. Mar. 27, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (quoting St.
- Cusatis v. Atl. Waste Servs., Inc., No. 4:22-cv-00156 (S.D. Ga. Mar. 25, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006).
- Adamson v. Birmingham, City of, The, No. 2:21-cv-00902 (N.D. Ala. Mar. 18, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1163 (11th Cir. 2006) (cleaned up).
- Cherry v. Indep. Living Ctr. of Mobile, No. 1:23-cv-00142 (S.D. Ala. Mar. 8, 2024).Comm'n of Jefferson Cnty., Ala., 446 F.3d 1160, 1163 (11th Cir. 2006).
At page 1162 Applying summary judgment standards and Title VII burden-shifting framework156 citing cases“a mere 'scintilla' of evidence supporting the opposing party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party.”
- Keriekan Palmer v. City of Daytona Beach, Travis Barrett, Collin Howell & Carneisha Moore, No. 6:24-cv-00989 (M.D. Fla. Feb. 13, 2026).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)).
- Katukuri, No. 6:23-cv-01349 (M.D. Fla. Jan. 9, 2026).Comm’n of Jefferson Cty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)); see also Matsushita Elec.
- Christian, No. 5:24-cv-00899 (N.D. Ala. Dec. 5, 2025).Comm’n, 446 F.3d 1160, 1162 (11th Cir. 2006)).
- Rabuck, No. 6:24-cv-01586 (M.D. Fla. Oct. 14, 2025).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)).
- Neis Acquisition Auxga, LLC v. Target Corp., No. 5:24-cv-00126 (M.D. Ga. Mar. 27, 2025).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
- Weston v. Buc-ee's Florida, LLC, No. 6:24-cv-00567 (M.D. Fla. Feb. 14, 2025).Comm’n of Jefferson Cty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)); see also Matsushita Elec.
- Lopez v. Embry-Riddle Aeronautical Univ., Inc., No. 6:22-cv-01580 (M.D. Fla. Nov. 13, 2024).Comm’n of Jefferson Cty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)); see also Matsushita Elec.
- Adams-Pickett, MD. v. Mag Mut. Ins. Co., No. 1:22-cv-00063 (S.D. Ga. Sept. 30, 2024).Comm’n, 446 F.3d 1160, 1162 (11th Cir. 2006) (citation omitted) (internal quotation marks omitted).
- Grange Ins. Co. v. Martin, No. 3:23-cv-00145 (M.D. Ga. Sept. 24, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
- The Ohio Cas. Ins. Co. v. Beall, No. 3:23-cv-00060 (M.D. Ga. Aug. 29, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
Show 7 more citing cases
- Lowman v. United States, No. 6:22-cv-02058 (M.D. Fla. Aug. 22, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)).
- Gillian v. Dg Distrib. Se. LLC, No. 5:22-cv-00383 (M.D. Ga. Aug. 9, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
- Bald Guy C-Store, Inc. v. United States, No. 6:22-cv-00977 (M.D. Fla. July 16, 2024).Comm’n of Jefferson Cty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)); see also Matsushita Elec.
- Knowles v. Ingles Markets Inc., No. 5:22-cv-00407 (M.D. Ga. July 1, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
- Dupree v. Arcilla Mining & Land Co. LLC, No. 5:23-cv-00042 (M.D. Ga. Mar. 16, 2024). Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006).
- McKnight v. United Parcel Serv., Inc., No. 6:22-cv-00622 (M.D. Fla. Mar. 15, 2024).Comm’n of Jefferson Cnty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)).
- MidAmerica C2L Inc. v. Siemens Energy, Inc., No. 6:17-cv-00171 (M.D. Fla. Feb. 5, 2024).Comm’n of Jefferson Cty., 446 F.3d 1160, 1162 (11th Cir. 2006) (quoting Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990)).
v.
COUNTY COMMISSION OF JEFFERSON COUNTY, ALABAMA, The, Defendant-Appellee
Delores M. Brooks, a white female, appeals the district court’s grant of summary judgment to her employer, the County Commission of Jefferson County, Alabama, (“the County”) on her claim of race discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2. On appeal, Brooks argues the district court erred by finding she did not establish that the County’s proffered reason for not promoting her was a pretext for discrimination. After careful review, we affirm.
We review a district court’s grant of summary judgment de novo, viewing the evidence in the light most favorable to the[*1162] party opposing the motion. Patrick v. Floyd Med. Ctr., 201 F.3d 1313, 1315 (11th Cir.2000). Rule 56(c) states that summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fafct and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P 56(c). To warrant the entry of summary judgment, the moving party must demonstrate that “there is no genuine issue as to any material fact.” HCA Health Servs. of Ga., Inc. v. Employers Health Ins. Co., 240 F.3d 982, 991 (11th Cir.2001). “A mere ‘scintilla’ of evidence supporting the opposing party’s position will not suffice; there must be enough of a showing that the jury could reasonably find for that party.” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990).
Title VII makes it unlawful for an employer “to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a). Because Brooks relies on circumstantial evidence to establish her disparate treatment claim, we test the sufficiency of that claim by applying the burden-shifting framework established in McDonnell Douglas Corp. 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). See Chapman v. AI Transp., 229 F.3d 1012, 1024 (11th Cir.2000) (en banc).
Under the McDonnell Douglas framework, a plaintiff first must show an inference of discriminatory intent, and thus carries the initial burden of establishing a prima facie case of discrimination. See McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. The plaintiffs successful assertion of a prima facie ease “creates a rebuttable presumption that the employer unlawfully discriminated against her.” EEOC v. Joe’s Stone Crab, Inc., 296 F.3d 1265, 1272 (11th Cir.2002) (citing U.S. Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 714, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983)). Second, if the plaintiff successfully demonstrates a prima fa-cie case, the burden then shifts to the employer to produce evidence that its action was taken for a legitimate, non-discriminatory reason. See Joe’s Stone Crab, 296 F.3d at 1272. We proceed to the third step of the analysis once the employer meets its burden of production by proffering a legitimate, non-discriminatory reason, thereby rebutting the presumption of discrimination, and “[our] inquiry ‘proceeds to a new level of specificity,’ in which the plaintiff must show that the proffered reason really is a pretext for unlawful discrimination.” Id. at 1272-73 (citing Bur-dine, 450 U.S. at 255-56, 101 S.Ct. 1089). “Although the intermediate burdens of production shift back and forth, the ultimate burden of persuading the trier of fact that the employer intentionally discriminated against the employee remains at all times with the plaintiff.” Id. at 1273.
After assuming that Brooks met her initial prima facie burden, the district court proceeded to the second step of the McDonnell Douglas inquiry and held that the County articulated legitimate, non-retaliatory reasons for failing to promote Brooks to the Budget Management Officer position — namely, that the person who received the promotion, Tracie Hodge, a black female, was more qualified based, in part, on her experience serving as the interim Budget Management Officer. At the third step of the inquiry, to establish pretext, Brooks had to
[*1163] demonstrate that the proffered reason was not the true reason for the employment decision ... [The plaintiff] may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proferred explanation is unworthy of credence.
Jackson v. Ala. State Tenure Comm’n, 405 F.3d 1276, 1289 (11th Cir.2005) (alteration in original) (quotations and citation omitted). Thus, Brooks had to produce sufficient evidence to allow a reasonable finder of fact to conclude that the County’s articulated reasons were not believable. Id. She could do this by pointing to “weaknesses, implausibilities, inconsistencies, in-coherencies, or contradictions” in the prof-erred explanation. Id.
“[T]o avoid summary judgment [the plaintiff] must introduce significantly probative evidence showing that the asserted reason is merely a pretext for discrimination.” Clark v. Coats & Clark, Inc., 990 F.2d 1217, 1228 (11th Cir.1993) (citation omitted). A reason is not pretext for discrimination “unless it is shown both that the reason was false, and that discrimination was the real reason.” St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 515, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). In the context of a promotion:
a plaintiff cannot prove pretext by simply arguing or even by showing that he was better qualified than the officer who received the position he coveted. A plaintiff must show not merely that the defendant’s employment decisions were mistaken but that they were in fact motivated by race. We have explained, a plaintiff may not establish that an employer’s proffered reason is pretextual merely by questioning the wisdom of the employer’s reasons, at least not where ... the reason is one that might motivate a reasonable employer.
Alexander v. Fulton County, 207 F.3d 1303, 1339 (11th Cir.2000) (internal quotations omitted).
Here, we readily conclude that the County’s proffered reasons' — Hodge’s superior qualifications and the firsthand experience she attained during her tenure as the interim Budget Management Officer— were legitimate and non-discriminatory in nature. Thus, the burden shifted to Brooks to “meet [the proffered] reason head on and rebut it, and the employee cannot succeed by simply quarreling with the wisdom of that reason.” Chapman v. AI Transp., 229 F.3d at 1030 (discussing ADEA claim). A plaintiff must show that the disparities between the successful applicant’s and her own qualifications were “of such weight and significance that no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff.” Cooper v. S. Co., 390 F.3d 695, 732 (11th Cir.2004), cert. denied, — U.S.-, 126 S.Ct. 478, 163 L.Ed.2d 363 (2005) (citation omitted); see also Ash v. Tyson Foods, Inc., — U.S.-, 126 S.Ct. 1195, 1197, 163 L.Ed.2d 1053 (2006) (per curiam) (approving of this language from Cooper).
On this record, Brooks did not meet her burden under Cooper to show that the disparities between her qualifications and Hodge’s qualifications were so severe that no reasonable person could have chosen Hodge over her. Indeed, Brooks offered no evidence to challenge the County’s evidence that Hodge was hired based on her experience and firsthand knowledge related to the position. And our inquiry at the third stage of the McDonnell Douglas analysis of a promotion discrimination claim is not concerned with Brooks’s belief that she was more qualified or whether we could con-[*1164] elude that she was better qualified than Hodge. See Cooper, 390 F.3d at 744 (noting plaintiffs reliance on her own belief that she was better qualified than promo-tee and observing that “whether we could conclude [the plaintiff] was better qualified than [the promotee] is not the issue here”).
It was undisputed that Hodge had several years’ experience in the Budget Management Office (BMO), and had temporarily served as the Budget Management Officer. Brooks, on the other hand, had never served in the BMO and lacked experience in performing many of the Budget Management Officer’s duties. Under the standard announced in Cooper, Brooks did not put forth evidence that discrimination was the real reason for the County’s decision. On this record, Brooks did not establish that the County’s proffered reason was pretextual, nor did she indirectly show that the proffered reason was “unworthy of credence.” Jackson, 405 F.3d at 1289. Accordingly, the County was entitled to summary judgment in its favor.
AFFIRMED.