Equal Employment Opportunity Commission v. News & Observer Publishing Co.
E.D.N.C.8/10/2001
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ORDER FOX, Senior District Judge. This matter is before the court upon motion by the News and Observer Publishing Company (âNews & Observerâ) for summary judgment. The EEOC has responded to the motion, the News & Observer has replied, and the matter is ripe for disposition. *764 I. Factual and Procedural Background Timothy Wilkins began his association with the News & Observer in March 1996, as an independent contractor selling newspaper subscriptions. Because of his exemplary sales record as a contractor, Wilkins was informed that a direct sales supervisor position was soon to be vacant. Wilkins also learned that Mary Moxin, the News & Observerâs Direct Sales Manager, was interested in Wilkins applying for the position. Wilkins decided to apply for the position and, after several interviews, was hired by Moxin in June 1996 as direct sales supervisor. Moxin hired Wilkins with knowledge of his religious background. In his application for employment, Wilkins indicated that he held a Masters in Divinity degree from Southwest Seminary in Fort Worth, Texas. His application also disclosed that he was a consultant to Single Adult Special, a religious organization counseling single adults, and was on the board of directors of SOLO, another religious organization. In his application, Wilkins also listed his former position as a pastor at Southside Baptist Church in Winston-Salem, North Carolina. Moxin served as Wilkinsâ immediate supervisor throughout his course of employment. In turn, Moxin reported directly to Kate Cleary, the Circulation Director. As he had done as an independent contractor, Wilkins implemented several new ideas as direct sales supervisor. His innovations included: introducing incentive-based programs to increase sales and encourage and retain independent contractors; creating promotional materials for pushing new subscriptions; improving marketing materials; and researching effective marketing techniques at other newspapers. For the first twelve months of his employment as direct sales supervisor, Wilkinsâ job performance satisfied Moxin, his immediate supervisor, and Cleary, head of Wilkinsâ department. On the one-year anniversary of his employment, Moxin, with input from Cleary, completed a favorable annual appraisal for Wilkins, marking him âcommendable-plus.â Wilkins Depo.Ex. 12. In conjunction with the appraisal, on June 26, 1997, Wilkins received a merit pay increase, which is reflected in a Payroll Change Notice signed by both Moxin and Cleary. Moxin Depo.Ex. 19. During his first year of employment with the newspaper, Wilkins on several occasions voiced his specific religious beliefs to Moxin and other employees. According to Wilkins, he is a believer and follower of the teachings of Jesus Christ. Wilkins Aff. ¶ 8. As part of his religion, he believes that homosexual behavior is moral perversion forbidden by the express command of God, and constitutes sin. Id. Wilkins adheres to the belief that a homosexual who desires to change, can change and lead a ânormal, healthy, heterosexual existence through repentance for past behavior, future obedience to God, and the changing power of Christ.â Id. Wilkinsâ beliefs are bolstered by his own experience. He believes that through repentance, the power of Christ, and his obedience to God, he was delivered from living as a homosexual to leading a heterosexual lifestyle. Id. ¶ 9. In October 1996, Wilkins wrote a letter to the editor of The News & Observer, stating that homosexuals â[c]an be transformed to heterosexuality, or ... at the very least experience the power of Christ to cease any type of sexual immorality....â 1 Wilkins Depo. 18-21. In March 1997, Wilkins submitted for publication in the N & 0 Notes, the News & Observerâs employee newsletter, an article on his religious beliefs and personal experiences. In this connection, Wilkins wrote to Amy Powers a âbrief bioâ in which Wilkins stat *765 ed that he is an âex-gayâ who was transformed by âobeying Godâs word.â Wilkins Depo.Ex. 3. In early 1997, the president of the Southern Baptist Convention of Iowa invited Wilkins to speak at a conference in Des Moines, Iowa. To attend, Wilkins sought clearance from Moxin to be absent from his job. According to Wilkins, the essence of his speech was âthat Jesus Christ can transform men and women from homosexuality, if not into heterosexual, certainly into celibate disciples of Christ Jesus.â 1 Wilkins Depo. 30. After receiving Moxinâs permission to miss work for the Des Moines speech, Wilkins shared with Moxin, âchapter and verse,â the thesis of his speech, his personal experience of transformation from gay to straight, and his specific belief that this transformation arose from his faith. Wilkins shared all of this information with Moxin several weeks prior to leaving for Des Moines. Moxin did not withdraw permission for Wilkins to have leave from employment to deliver the speech, nor did she suggest any disapproval or disquietude about the speech. Moxin recalled telling Wilkins: âItâs okay. If thatâs what-how you feel, itâs all right.â 1 Moxin Depo. 93. Wilkins testified that Moxin responded to his testimony with âwords to the effect that I should be glad that I had not contracted AIDS.â 1 Wilkins Depo. 32. Wilkins further testified that he found this comment âslightly sarcastic,â id. at 39, but could identify no religious content in the statement. See id. at 39-40. On June 20, 1997, The News & Observer published an article by Yonat Shimron, a News & Observer religion writer, entitled Baptists aim to define family. Shimron reported that Wilkins, who had attended the Southern Baptist Convention on behalf of Providence Baptist Church in Raleigh, had delivered a âmessageâ asking that the denomination â âaggressively promote ministries that try to guide gays and lesbians toward heterosexuality.â â 1 Wilkins Depo. 92; Wilkins Depo.Ex. 5. Wilkins complimented Shimron on the article and told her by email: âAs an ordained Southern Baptist minister, a messenger to the Convention and an ex-gay, I might have a unique perspective on this issue.â Wilkins Depo.Ex. 4; 1 Wilkins Depo. 92. Shimron eventually approached Wilkins about doing a feature article for the paper regarding his beliefs and experiences. Shimron spent several hours interviewing both Wilkins and his wife in preparation for the article. Shimronâs article, entitled The Quest for âTransformationâ â Can Faith Make Gays Go Straight ? [hereinafter âThe Quest for Transformation â] appeared on August 4, 1997, on the front page of The News & Observer. The article featured the testimony and story of Wilkinsâ transformation from homosexuality to heterosexuality. Although Moxin was aware of Wilkinsâ religious beliefs regarding homosexuality, Cleary did not become aware of his views until she read the article. On the same day the article was published, Cleary attended a weekly circulation meeting with the supervisors under her. At the meeting, an unidentified individual commented that The Quest for Transformation could affect circulation sales. One of the supervisors present at the meeting, Joan Craft, attributed the comment to Cleary. Craft testified that she assumed the comment referenced a possible negative impact on circulation numbers. Additionally, during a meeting within a day or two of publication of the article, Wilkins met with Moxin and Cleary, and Cleary made the comment: âReligion has no place in the workplace.â Wilkins testified that Clearyâs statement was prompted by his inclusion of the phrase âPray harder!â on a document given to Cleary and that the comment pertained to religion only âin a *766 kind of generic sense.â 2 Wilkins Depo. 356. Prior to the publication of the article, Wilkinsâ working relationship with Moxin had begun to deteriorate. Moxin testified regarding heated exchanges with Wilkins during the month of July. Moxin testified that she met with Wilkins on July 19, 1997, regarding certain sales-related issues and was disappointed in the manner in which he reacted to the questions posed to him. She testified that, on July 22, 1997, she made known to Wilkins her concerns about his July 19 behavior and that he âdid not agree he was wrong.â 1 Moxin Depo. 213. Moxin also became upset because Wilkins had distributed a memorandum without her prior knowledge or input. Moxin also testified that Wilkins âbecame angryâ with her during a meeting on July 28, when she interrupted him in an attempt to move the meeting along. Id. at 226. She testified: âI would try to talk with him, to reason with him, and he would â at this point, he was â had become so outrageous that he was [sic] just ramble on and on and talk. And I would not â if I did not interrupt, I would not have been able to say anything.... â Id. On July 30, Wilkins sent an email message to Cleary complaining about a request Moxin made of him. When Moxin learned of the email, she asked Wilkins why he failed to raise the concern directly with her. Moxin testified that Wilkins reacted by exclaiming: âsheâs harassing me.â 2 Moxin Depo. 9. In a chronology of events prepared by Wilkins, he acknowledged that at least by this date, July 30, his relationship with Moxin had deteriorated to the point that she âchewed him outâ at length, an event leading him to request Clearyâs immediate intercession. Wilkins Depo.Ex. 38, at 4. Wilkinsâ version of events regarding his relationship with Moxin and overall job performance differs from the version presented by the News & Observer. According to Wilkins, he cooperated with every supervisory request made throughout the months of July and August. He submits that each formal meeting he had with Mox-in or with Moxin and Cleary was at his request. He submits that he took initiative to help resolve communication issues that had developed and that he did all that was requested of him by Moxin or Cleary. During a July 31 meeting, Moxin, Cleary, and Wilkins scheduled a follow-up meeting, which occurred on either August 5 or August 7. At the July 31 meeting, it was decided that Wilkins would develop a list of suggestions for communicating more effectively with Moxin. Taking three to four hours to do so, Wilkins prepared four pages of notes, which he brought to the follow-up meeting. In these notes, Wilkins made several suggestions, including that he and Moxin â[b]e more considerate of each other, particularly in front of peers.â Wilkins Depo.Ex. 14. Wilkinsâ notes make no mention of religious discrimination. One of the ways in which Cleary, Moxin, and Wilkins decided to address the concerns expressed in Wilkinsâ four pages of notes was for Moxin and Wilkins to meet on a weekly basis. The first of these meetings was scheduled for August 15, 1997. The meeting failed to occur and it was Moxinâs perception that Wilkins simply opted not to attend the meeting. On August 23, 1997, during a meeting with Cleary and Moxin, Wilkins was suspended for three days with pay. At the meeting, Moxin and Cleary questioned Wilkins about his failure to show up for the meeting with Moxin scheduled for August 15, 1997. Wilkins explained that he showed up for the meeting and had searched for Moxin to no avail. Cleary responded that Wilkins refused to admit that he was at fault. Cleary testified that Wilkins was suspended for being disre *767 spectful, ignoring meetings, and because he was determined not to do what Moxin asked him to do. Cleary testified that she suspended Wilkins âto give him a few days to stop and think about how we were going to move forward.â Cleary Depo. 89. Wilkins returned from his suspension on August 27 and met with Cleary. Moxin did not attend this meeting because she was at a family funeral. Wilkins testified that the meeting with Cleary lasted several hours. Cleary discussed with Wilkins the specific reasons for his suspensionâ lack of respect for management, insubordination, and failure to take responsibilityâ and then left him alone to think of ideas concerning how he could effectively perform his job and work with Moxin. Cleary testified that if Wilkins had demonstrated during the meeting a commitment to work with Moxin, he would not have been discharged. However, as the meeting progressed, Cleary determined that the issues were not going to be resolved because she perceived that Wilkins was unwilling to move forward in ways that she desired. She testified that, in the end, she fired Wilkins because she âhad not seen any effort on his part to take responsibility and show commitment to change the situation and move forward.â Cleary Depo. 128-29. The EEOC initiated this lawsuit on August 31, 1999, alleging that the News & Observer, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, had failed to promote Wilkins and had discharged him because Wilkins âpublicly voiced his sincerely held religious belief, that as a Baptist, he could transform gay men and lesbians into heterosexuals.â Complaint ¶ 7. On August 11, 2000, the EEOC filed a stipulation of dismissal as to the failure to promote claim. The News & Observer has now moved for summary judgment on the discharge claim. II. Summary Judgment Standard Summary judgment is appropriate when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). The party seeking summary judgment bears the burden initially of coming forward and demonstrating the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Once the moving party has met its burden, the non-moving party then must come forward and demonstrate that such a fact issue does indeed exist. See Matsushita Electric Indus. Co., v. Zenith Radio Corp., 475 U.S. 574, 587 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986). Summary judgment is appropriate against a party who fails to make a showing sufficient to establish any one of the essential elements of the partyâs claim on which he will bear the burden of proof at trial. See Celotex, 477 U.S. at 322-23 , 106 S.Ct. 2548 . III. Analysis Title VII of the Civil Rights Act of 1964 makes it âan unlawful practice for an employer ... to discharge any individual ... because of such individualâs religion.â 42 U.S.C. § 2000e-2. The Fourth Circuit recognizes two theories under which an employee may assert a claim for religious discrimination: disparate treatment based on religion and failure to accommodate religious beliefs. See Chalmers v. Tulon Co., 101 F.3d 1012, 1017 (4th Cir.1996). The EEOC has alleged a claim based on disparate treatment. A plaintiff may prove a disparate treatment claim by demonstrating âthat the employer treated [him] differently than other employees because of [his] religious beliefs.â Id. (emphasis in original). The claim may be established either by direct *768 evidence or by use of the burden shifting scheme articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Lacking direct evidence of discrimination, the EEOC seeks to establish its claim by utilizing the McDonnell Douglas scheme. To establish a claim under the McDonnell Douglas scheme of proof, the plaintiff first must establish a prima facie case of discrimination. See Stokes v. Westinghouse Savannah River Co., 206 F.3d 420, 429 (4th Cir.2000). Once the plaintiff establishes a prima facie case, âthe burden shifts to the employer to ârebut the presumption of discriminationâ by producing evidence that the employment action in question was taken âfor a legitimate, nondiscriminatory reason.â â Stokes, 206 F.3d at 429 (quoting Texas Depât of Community Affairs v. Burdine, 450 U.S. 248, 254 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981)). Once the employer meets this burden, the EEOC must prove that the News & Observerâs proffered reason was mere pretext and that religious discrimination was the real reason for the employerâs actions. See Hawkins v. PepsiCo, Inc., 203 F.3d 274, 278 (4th Cir.2000). The plaintiff âbears the ultimate burden of proving that he has been the victim of intentional discrimination.â Stokes, 206 F.3d at 429 ; see also Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 141 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000) (the discriminating factor âmust have actually played a role in [the employerâs decision making] process and had a determinative influence on the outcomeâ) (internal citations omitted). In order to make out a prima facie case of discriminatory discharge, a plaintiff must prove: (1) he is in a protected group; (2) he was discharged; (3) at the time of his discharge, he was performing his job at a level that met his employerâs legitimate expectations; and (4) this discharge occurred under circumstances that raise a reasonable inference of unlawful discrimination. See Haulbrook v. Michelin North America, 252 F.3d 696, 702 (4th Cir.2001) (applying standard to ADA wrongful discharge claim); Taylor v. Virginia Union University, 193 F.3d 219, 230 (4th Cir.1999) (applying standard to gender discrimination claim based on failure to promote); see also Glunt v. GES Exposition Services, Inc., 123 F.Supp.2d 847, 865-66 (D.Md.2000) (citing cases from other circuits and discussing higher courtsâ movement away from âsimilarly situated replacementâ requirement as fourth factor in McDonnell Douglas analysis to consideration of whether adverse employment action occurred under circumstances giving rise to reasonable inference of discrimination). Assuming, arguendo, for the purposes of this motion that the EEOC can meet its initial burden in proving a prima facie case, the EEOCâs discriminatory discharge claim ultimately fails as a matter of law because the EEOC has not adduced sufficient evidence to prove that the News & Observerâs proffered reason for discharge was mere pretext and that religious discrimination was the real reason for the newspaperâs actions. The News & Observer has produced competent evidence that Wilkins was discharged for a legitimate, nondiscriminatory reason. Specifically, the employer adduced proof that Moxin and Cleary perceived Wilkins to be unwilling to work out problems with his immediate supervisor. Following a number of meetings with Moxin and Wilkins, and Wilkinâs suspension, Cleary concluded that Wilkins was not moving forward to resolve his issues with Moxin in a reasonable manner. Cleary fired him because she believed Wilkins failed to take responsibility, had shown lack of respect for management, *769 and exhibited insubordination toward Mox-in. Whether Clearyâs perception of Wilkins was reasonable or accurate, or whether such perception justified Wilkinâs termination is not at issue before this court. â[W]hen an employer gives a legitimate, non-discriminatory reason for discharging the plaintiff, âit is not [the courtâs] province to decide whether the reason was wise, fair, or even correct, ultimately, so long as it truly was the reason for the plaintiffs termination.â â Hawkins, 203 F.3d at 279 (quoting DeJarnette v. Corning, Inc., 133 F.3d 293, 299 (4th Cir.1998)); see also Giannopoulos v. Brach & Brock Confections, Inc., 109 F.3d 406, 410 (7th Cir.1997) (The court âdoes not sit as a kind of super-personnel department weighing the prudence of employment decisions made by firms charged with employment discrimination.â). The EEOCâs claim fails because it cannot demonstrate that the News & Observerâs stated reason for discharging Wilkins was not the real reason for his discharge. The EEOCâs primary argument that the News & Observerâs proffered reason for termination was mere pretext and that religious discrimination was the real reason for the employerâs actions centers around the timing of Wilkinsâ termination. The EEOC notes that Wilkins was fired only three weeks after publication of The Quest for Transformation and within a mere two months of receiving an evaluation from Moxin that his job performance was commendable. The EEOC argues that Clearyâs favorable impression of Wilkins suddenly changed after the article was released. The EEOC contends that this chronology raises the reasonable inference that the proffered reason for termination is pretextual and that Wilkins was fired for having professed his religious beliefs. The temporal proximity of Wilkinsâ firing to the publication of the article is not sufficient to establish pretext without showing some causal connection between the two events. That Wilkins expressed a religious viewpoint and subsequently was terminated is immaterial without evidence that Wilkinsâ religious beliefs in some way affected his employment status. See Sattar v. Motorola, Inc., 138 F.3d 1164, 1170 (7th Cir.1998) (affirming summary judgment where plaintiff employee failed to adequately link his discharge to his former supervisorâs religious harassment). As evidence that Wilkinsâ religious views did affect his employment status, the EEOC identifies two stray comments made by Cleary, which it contends demonstrate her discriminatory intent. First, the EEOC refers to the comment, attributed to Cleary by Joan Clark, made at the weekly circulation meeting on the date The Quest for Transformation was published that the article could affect circulation sales. 1 Presumably, the EEOC desires the court to infer that the News & Observer fired Wilkins because it believed Wilkinsâ religious views negatively impacted circulation. The inference is tenuous, however, since it was the News & Observerâs decision to publish the article in the first place. Furthermore, that Cleary, the newspaperâs Circulation Director, commented upon the articleâs possible effect on circulation does not demonstrate that Cleary herself objected to Wilkinsâ religious views or otherwise bore discriminatory animus toward Wilkins. The second comment identified by the EEOC is Clearyâs comment to Wilkins that âreligion has no place in the workplace.â *770 EEOC Response 20-21. Wilkins testified that Clearyâs statement was prompted by his inclusion of the phrase âPray harder!â on a document given' to Cleary and that the comment pertained to religion only âin a kind of generic sense.â 2 Wilkins Depo. 356-57. The EEOC shows no nexus between this remark and Wilkinsâ termination. Furthermore, there is no evidence that Cleary made any reference to Wilkinsâ particular religious views. In sum, the two statements attributed to Cleary do not demonstrate discriminatory animus toward Wilkinâs religious viewpoint. Furthermore, there is no nexus between the stray remarks and any employment decision made by the newspaper. See EEOC v. Clay Printing Co., 955 F.2d 936, 942 (4th Cir.1992). The EEOC argues that the manner in which the News & Observer accomplished Wilkinsâ termination also demonstrates that the newspaperâs reasons for discharging him are not true and that Cleary fired him based on his religious beliefs. The EEOC seeks to rely on four points: (1) the fact that the decision to terminate Wilkins was made by Cleary and not Wilkinsâ direct supervisor, Moxin; (2) the fact that the newspaper offered shifting reasons for terminating Wilkins; (3) the failure of News & Observer supervisors to counsel Wilkins; and (4) the fact that one of Mox-inâs sets of notes of events surrounding Wilkinsâ termination contains an incorrect date. These four issues, even viewed collectively, do not raise a genuine issue of material fact sufficient to preclude summary judgment. Moxin was not present at Clearyâs final meeting with Wilkins, during which he was fired, because of a death in the family. Besides this final meeting, Moxin had been directly involved in all other decisions involving Wilkinsâ employment. The fact that Cleary, who had received full benefit of Moxinâs briefings and had attended (with Moxin) three sessions with Wilkins in the preceding four weeks, did not wait for Moxin to return from a funeral in order to move forward on the termination decision does not demonstrate pretext. Cf. Kulumani v. Blue Cross Blue Shield, 224 F.3d 681, 684 (7th Cir.2000) (affirming summary judgment in Title VII case where plaintiff attempted to show pretext by intervention of higher level supervision in his termination). The EEOC next notes that in the newspaperâs original position statement in response to the EEOC charge, dated January 8, 1998, the News & Observer states that Wilkins performance began to deteriorate in early 1997 and deteriorated to the point that he was no longer an effective recruiter and trainer. Because Cleary and Moxin both later testified that Wilkinsâ performance was satisfactory until July 19, 1997, the EEOC argues that the News & Observer offered shifting reasons for terminating Wilkins, which provides evidence that the reasons given are pretext for discrimination. Read in its entirety, the court finds that the grounds for termination submitted in the newspaperâs response letter are not inconsistent with Wilkinsâ termination for insubordination. Indeed, the position statement notes that the News & Observer fired Wilkins when he was ânot willing to alter his mindset,â despite Clearyâs intervention. Jackson Depo.Ex. 14. Furthermore, âdiscrimination does not lurk behind every inaccurate statement,â Fisher v. Vassar College, 114 F.3d 1332, 1338 (2d Cir.1997), and the court finds no evidence here of âdeceit used to cover oneâs tracksâ that constitutes pretext. Kulumani, 224 F.3d at 684 . The EEOC next argues that the newspaperâs grounds for terminating Wilkins are pretextual because Wilkins was treated differently from another direct sales repre *771 sentative who allegedly experienced performance problems, in that Wilkins was never âcounseledâ regarding his performance deficiencies. The EEOC notes that Paul Basile, who was also supervised by Moxin, participated in two separate documented counselings prior to his termination for performance reasons. Moxin and Cleary met with Basile and presented him with counseling documents that set forth specific steps which Basile was required to follow or risk termination of employment. Basile was later terminated at Moxinâs recommendation because he failed to abide by the counseling documents. The EEOC argues that, in contrast, Wilkins was never âcounseledâ or given a document that stating that he could be terminated for failure to abide by certain conditions. Additionally, the EEOC notes, Wilkins was never told that he was in danger of being terminated. Despite the fact that Wilkins was not formally âcounseled,â Moxin and Cleary met with Wilkins on at least three separate occasions within three weeks in an effort to work through Wilkinsâ relationship with Moxin. At these meetings, Wilkins was permitted to air his concerns regarding his relationship with Moxin orally and in writing and Moxin scheduled periodic meetings with Wilkins to continue to address these issues. Finally, Wilkins was placed on a period of paid suspension before the ultimate decision was made to discharge him. The fact that Wilkins termination differed from another employeeâs does not demonstrate pretext. Finally, the EEOC argues that Moxinâs notes regarding grounds for Wilkinsâ suspension and termination are not credible and cast doubt on the News & Observerâs proffered reasons for termination. Specifically, the EEOC points out that Moxin indicated in handwriting in one of her several sets of typewritten notes that the document was prepared on August 9, 1997, even though the document describes events taking place as late as August 15, 1997. Moxin acknowledged the mistaken date but testified that she believed she completed the document prior to Wilkinsâ termination. The court does not agree that the discrepancy in Moxinâs notes casts doubt on their credibility. However, even were the court to disregard Moxinâs notes because of this error, adequate competent evidence regarding the newspaperâs grounds for terminating Wilkins exists in the record. TV. Conclusion In sum, the court finds no evidence that Wilkinsâ religious views affected the decision to discharge him. Wilkinsâ numerous exchanges with Moxin and Cleary during July and August are devoid of any attack on his religious beliefs. Wilkins never indicated a manifestation of religious discrimination while employed. Additionally, Wilkins can identify no comment made by Moxin or Cleary critical of his religious beliefs. In the end, Wilkins (and the EEOC) simply disagree with the newspaperâs conclusion that his overall insubordination required that he be discharged. This evidence, even when construed in the light most favorable to the plaintiff, belies discrimination, religious or otherwise. Although the EEOC goes to great lengths to portray Wilkinsâ firing as a bad decision, as noted above, the correction of the News & Observerâs determination that Wilkins was insubordinate and needed to be terminated is irrelevant. The only relevant issues is the existence or absence of discrimination. See Evans v. Technologies Applications & Serv. Co., 80 F.3d 954, 960-61 (4th Cir.1996); see also Hawkins, 203 F.3d at 282 (allowing an employee to dispute the corrections of the employerâs decision under the guise of Title VII would permit Title VII to be used as âa vehicle for substituting the judgment of a court *772 for that of the employerâ and âturn the workplace into a litigious cauldron of ... suspicion.â)- Nothing in the record before the court suggests that Wilkinsâ religious beliefs had âa determinative influence on the outcomeâ of his employment. Reeves, 530 U.S. at 141 , 120 S.Ct. 2097 . Therefore, for the reasons set forth above, the News & Observerâs motion for summary judgment is ALLOWED, and this matter hereby is DISMISSED. SO ORDERED. 1 . In her testimony, Craft categorically denied that Cleary made any reference to Wilkinsâ continued employment by the News & Observer when she commented upon the impact of the article upon circulation.
Case Information
- Court
- E.D.N.C.
- Decision Date
- August 10, 2001
- Status
- Precedential