MARTHA GATES, APPELLANT,
v.
GADSDEN COUNTY SCHOOL BOARD, APPELLEE

Fla. 1st DCA | 2010-08-18
No. 1D09-3636
ROBERTS, and CLARK, JJ., concur.
45 So. 3d 39 Florida District Court of Appeal, First District (2010)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this Title VII anti-retaliation case, the court reversed summary judgment for the school board, holding that a former teacher who filed a Title VII discrimination complaint could pursue a retaliation claim based on the school board's subsequent prohibition of her volunteer activities, despite her no longer being an employee at the time of the alleged retaliation.


Holding

A former employee qualifies for Title VII protection from retaliation by a former employer, and her status as a volunteer at the time of the alleged retaliation is irrelevant to her eligibility to sue under Title VII. The court further held that the former employee met the low burden to survive summary judgment by demonstrating a dispute of material fact regarding whether materially adverse employment action occurred.


Headnotes

[1] Former employees are protected from retaliatory post-employment actions by their former employers under Title VII.

[2] Volunteers are not considered employees for the purposes of Title VII protection.

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Key Quotes

“because the term "employees," as used in Title VII, includes former employees, a former employee may sue a former employer for "allegedly retaliatory postemployment actions"”

The court's application of Robinson v. Shell Oil Co. establishing that former employees have Title VII protection against postemployment retaliation.

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Facts & Procedural History

Martha Gates worked as a schoolteacher for the Gadsden County School District for nearly thirty years. In 2004, she filed a Title VII discrimination s…

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Opinion of the Court
HAWKES, C.J.

HAWKES, C.J.

In this Title VII anti-retaliation case, the circuit court granted summary judgment, holding Appellant’s status as a volunteer disqualified her from raising a Title VII claim and that she would be unable to establish that material adverse action had been taken against her. We reverse, finding Appellant’s status as a former employee qualifies her for Title VII protection from her former employer’s allegedly retaliatory postemployment actions.

Facts

Martha Gates (Appellant) was a schoolteacher in the Gadsden County School District. In 2004, she filed a Title VII discrimination suit against the Gadsden County School Board (the School Board) and resigned from her teaching position. Despite her resignation, Appellant continued to participate in a volunteer mentoring program within the Gadsden County School District. Six months after her resignation, the School Board prohibited her from continuing as a volunteer. As a result, she initiated the underlying action, claiming the School Board violated the “anti-retaliation arm of Title VII” by taking “adverse action” against her.

Prior to trial, the circuit court entered summary judgment in favor of the School Board. In granting summary judgment, the circuit court found (1) As a volunteer, Appellant could not maintain a claim under the Title VII anti-retaliation provision; and (2) Appellant was unable to demonstrate the School Board took “materially adverse employment action” against her.

We reverse. As to the first point, the circuit court was correct in finding volunteers do not qualify for protection under Title VII. However, Appellant is a former employee, and former employees enjoy Title VII protections where they can establish the requisite elements of a claim. Therefore, her volunteer status is irrelevant to this point. As to the second point, we find Appellant met the very low burden to survive summary judgment by demonstrating a dispute of material fact regarding whether the School Board took “materially adverse employment action” against her.1 We write only to address the first point.

Title VII

The anti-retaliation provision contained in Title VII of the United States Code provides, in pertinent part:

*41[i]t shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment ... because he has opposed any practice made an unlawful employment practice by [Title VII], or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII].

42 U.S.C. § 2000e-3 (2008).

To prevail in a Title VII anti-retaliation action, an employee must demonstrate: “(1) he engaged in a statutorily protected activity, (2) he suffered a materially adverse employment action; and (3) there is a causal connection between the two events.” Donovan v. Broward County Bd. of Com’rs, 974 So.2d 458 (Fla. 4th DCA 2008); see also Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006).

Appellant, as a former employee, qualifies for Title VII protection.

Although the term “employee” is defined in Title VII as “an individual employed by an employer ...the United States Supreme Court has expressly extended Title VII protection from adverse retaliatory action to former employees. See 42 U.S.C. § 2000e(f) (2008); see also Robinson v. Shell Oil Co., 519 U.S. 337, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997) (holding that because the term “employees,” as used in Title VII, includes former employees, a former employee may sue a former employer for “allegedly retaliatory postemployment actions”).

Here, it is not Appellant’s status as a volunteer that makes her eligible for Title VII protection; it is her status as a former employee. The School Board cites a myriad of case law from foreign state and Federal courts indicating a volunteer should not be considered an employee for Title VII purposes.2 These cases are distinguishable from Appellant’s case in that none of the plaintiffs therein were former employees when they were allegedly retaliated against. Although sueh cases make evident a volunteer is not the equivalent of an employee for Title VII purposes, they fail to address Robinson, which clearly indicates a former employee is entitled to bring suit against a former employer for allegedly retaliatory postemployment actions. See 519 U.S. 337, 117 S.Ct. 843, 136 L.Ed.2d 808.

It is undisputed that Appellant was not a Gadsden County School District employee when the School Board informed her she could no longer participate in the district’s mentoring program; however, it is also undisputed that Appellant had been employed by the School District for nearly thirty years before the alleged retaliation (which occurred six months after she ten*42dered her resignation). Because Appellant is a former employee who allegedly suffered adverse, retaliatory action as a result of her filing a Title VII claim against her former employer, she is entitled to seek protection pursuant to the Title VII anti-retaliatory provision. Accordingly, the trial court erred in determining Appellant could not, as a matter of law, maintain a Title VII anti-retaliation claim.

We reverse the summary judgment and remand for further proceedings consistent with this opinion.

REVERSED.

ROBERTS, and CLARK, JJ., concur.


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