USCA11 Case: 23-11090 Document: 39-1 Date Filed: 02/06/2024 Page: 1 of 11
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11090
Non-Argument Calendar
____________________
RONALD DAVID JONES,
Plaintiff-Appellant,
versus
GADSDEN COUNTY SCHOOL,
Defendant,
GADSDEN COUNTY SCHOOL BOARD,
Defendant-Appellee.
____________________
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2 Opinion of the Court 23-11090
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:21-cv-00320-MW-MAF
____________________
Before JORDAN, BRANCH, and LAGOA, Circuit Judges.
PER CURIAM:
In this appeal, Plaintiff-Appellant Ronald Jones contends that
the district court erred in granting summary judgment on his
employment discrimination claims to the Defendant-Appellee
Gadsden County School Board. We disagree. Jones fails to show
that the School Board’s reasons for failing to hire him for a full-time
teaching position were pretext. We therefore affirm.
I. Background
Ronald Jones, a 63-year-old black man, worked as a
substitute social studies teacher for the Gadsden County School
Board. In January 2020, Jones applied for seven full-time teaching
positions at the school where he was a substitute. He was not
hired. Among those who were hired for these positions, five were
women, and all seven were between ages 23 and 38. All but one (a
29-year-old white male) were black.
The School Board says that Jones was not hired for two
reasons.
First, the school’s database flagged him as “ineligible”
because of his criminal history. This was (viewing things in the
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23-11090 Opinion of the Court 3
light most favorable to Jones) 1 a mistake, because—while Jones had
a criminal history—the Department of Education had cleared him
to teach. Jones provided the DOE’s letter saying as much to
Principal Pamela Jones (no relation).2
Second, the principal deemed Jones’s classroom
management unacceptable. For example, the vice principal
observed Jones discipline some students—but not others—for
using cell phones in the classroom. An unusually high number of
“referrals” to the principal’s office came from Jones’s classes. He
also gave students sodas and candy (Jones disputed selling such
items) during class, which violated school policy. Given these
infractions, the principal testified that she probably would not have
hired Jones even if he had not been flagged as ineligible.
Jones filed a discrimination complaint with the Florida
Commission on Human Relations. Jones explained at the
administrative proceeding that he believed he had been
discriminated against because the School Board hired someone of
younger or of a different race each time he applied for a full-time
1 In reviewing a district court’s ruling on summary judgment, we “view the
evidence in the light most favorable to the non-moving party.” See Thomas v.
Cooper Lighting, Inc., 506 F.3d 1361, 1363 (11th Cir. 2007).
2 Jones asserted below that someone in the School System intentionally
flagged him as “ineligible” to deprive him of a chance to interview for the job.
But the only evidence he supplied for that claim was the School System’s
admission that he was the only person flagged this way by mistake. Jones does
not raise the same argument on appeal, but—even if he had—it is not enough
to create a genuine issue of material fact.
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4 Opinion of the Court 23-11090
teaching position.3 After a hearing, the ALJ recommended the
Commission dismiss the complaint. Jones also filed an EEOC
charge, and the EEOC issued a notice of right to sue.
Jones then filed this lawsuit. In the operative complaint,
Jones alleged that the School Board’s failure to hire him because he
is an older male violated Title VII of the Civil Rights Act of 1964 4
and the Age Discrimination in Employment Act of 1967
(“ADEA”). 5 After discovery, the parties both moved for summary
judgment.
The magistrate judge recommended the district court grant
the School Board’s motion and deny Jones’s. The magistrate judge
began by rejecting the School Board’s argument that the
administrative proceeding meant Jones’s lawsuit was barred by
collateral estoppel. Next, the magistrate judge rejected Jones’s
Title VII claim. Jones had not pointed to any direct evidence of sex
discrimination, and his only circumstantial evidence was that five
of the seven people hired were women. The magistrate judge
concluded that this was not enough to show a prima facie case.
And, even if it were, Jones still could not show that the School
Board’s legitimate reasons for not hiring him for a permanent
position (being flagged as ineligible and poor classroom
3 As discussed below, Jones does not allege a race discrimination claim in his
operative complaint.
4 42 U.S.C. § 2000e et seq.
5 29 U.S.C. § 621 et seq.
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23-11090 Opinion of the Court 5
management) were pretext. 6 Finally, the magistrate judge
concluded that the only evidence supporting Jones’s age
discrimination claim was a chart showing the ages of the people
hired, demonstrating that younger applicants were hired instead of
Jones. The magistrate judge said that while that was enough to
state a prima facie case of discrimination, it did not suffice to show
that the School Board’s legitimate reasons were pretext. 7
The district court accepted the report and recommendation,
entering judgment for the School Board. 8 The district court
declined to reach Jones’s argument that he had stated a prima facie
case, pointing out that the magistrate judge also concluded Jones
had not shown pretext. The court then overruled Jones’s
objections to the pretext recommendation, explaining that Jones
“[did] not point to any record evidence to rebut this point”—rather
insisted that “he did not have issues with classroom management”
and “[the School Board’s] reliance on . . . unofficial visits to [his]
6 Jones also suggested that the refusal to hire him for a permanent position was
race discrimination, as well, but the magistrate judge declined to consider
Jones’s those arguments because Jones had not alleged race discrimination in
the operative complaint. We do the same.
7 The magistrate judge also seemed to conclude that the hiring of several other
people as old or older than Jones “eliminate[d] the presumption of age
discrimination” raised by Jones’s prima facie case. Because we conclude Jones’s
claims fail for other reasons, we need not rely on this part of the magistrate
judge’s reasoning, and so we do not.
8 The district court’s order purported to dismiss Jones’s “first” amended
complaint—that appears to be a scrivener’s error, since the court adopted an
R&R disposing of the claims in Jones’s second (and operative) complaint.
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6 Opinion of the Court 23-11090
classroom to establish opinions on his classroom management . . .
[was] impermissible.” Thus, the district court concluded, the
School Board was entitled to summary judgment.
Jones appealed. 9
II. Standard of Review
We review a district court’s grant of summary judgment de
novo, “view[ing] the evidence in the light most favorable to the
non-moving party.” Thomas, 506 F.3d at 1363. Summary judgment
is proper if the evidence shows “that there is no genuine dispute as
to any material fact and the movant is entitled to judgment as a
matter of law.” Fed. R. Civ. P. 56(a). When a movant shows that
no genuine dispute of material fact exists, the burden shifts to the
non-movant to demonstrate that there is a genuine issue of
material fact that precludes summary judgment. Clark v. Coats &
Clark, Inc., 929 F.2d 604, 608–09 (11th Cir. 1991). “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
9 In his opening brief, Jones requests appointed counsel for the first time. We
note that Jones failed to file a motion to that effect, and we conclude that there
is not good cause to appoint counsel at this stage and on this record. See Fowler
v. Jones, 899 F.2d 1088, 1096 (1990) (“Appointment of counsel in a civil case is
not a constitutional right. It is a privilege justified only by exceptional
circumstances, such as where the facts and legal issues are so novel or complex
as to require the assistance of a trained practitioner.”). “Because [Jones] has
not demonstrated exceptional circumstances,” we decline to appoint counsel
at this stage. Abebe-Jira v. Negewo, 72 F.3d 844, 846 n.* (11th Cir. 1996).
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23-11090 Opinion of the Court 7
(11th Cir. 1990); see also Matsushita Elec. Indus. Co., Ltd. v. Zenith
Radio Corp., 475 U.S. 574, 587 (1986) (“Where the record taken as a
whole could not lead a rational trier of fact to find for the non-
moving party, there is no ‘genuine issue for trial.’” (quoting First
Nat’l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288 (1968))).
III. Discussion
Jones’s brief mostly addresses irrelevant issues, 10 but even
where he does address sex and age discrimination, he does not offer
any non-conclusory reason to believe that the School Board’s
nondiscriminatory reasons for not hiring him were pretext. 11 We
therefore find no error in the district court’s grant of summary
judgment to the School Board.
Jones’s claims arise under Title VII’s prohibition on sex
discrimination and the ADEA. Title VII makes it unlawful for an
employer “to fail or refuse to hire . . . any individual, or otherwise
to discriminate against any individual with respect to his
10 Jones argues at length, for example, that he “satisfies all 3 elements of a
Retaliation claim” and states a claim under 42 U.S.C. § 1983 (by which he
seems to mean an equal protection claim and a claim under Title I of the Civil
Rights Act of 1964); he discusses the respondeat superior doctrine; he discusses
the standard for granting a motion to dismiss; he cites various Florida statutes;
and he insists that a pro se complaint must be interpreted with leniency.
Because the operative complaint does not raise any of these claims, we—like
the courts below—conclude that they are not a part of this lawsuit.
11 Because we reach this conclusion, we need not address the magistrate
judge’s ruling that Jones had also failed to show a prima facie case of sex
discrimination.
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8 Opinion of the Court 23-11090
compensation, terms, conditions, or privileges of employment,
because of such individual’s . . . sex[.]” 42 U.S.C. § 2000e–2(a)(1).
The ADEA similarly makes it “unlawful for an employer . . . to fail
or refuse to hire . . . any individual . . . because of such individual’s
age[.]” 29 U.S.C. § 623(a)(1).
We analyze both claims in essentially the same way. “In
order to survive summary judgment, a plaintiff alleging intentional
discrimination must present sufficient facts to permit a jury to rule
in h[is] favor.” Lewis v. City of Union City, 918 F.3d 1213, 1220 (11th
Cir. 2019) (en banc) (Title VII); see also Liebman v. Metro. Life Ins. Co.,
808 F.3d 1294, 1298 (11th Cir. 2015) (ADEA). Naturally, if the
plaintiff has direct evidence of discriminatory intent, that is
sufficient. Lewis, 918 F.3d at 1220 n.6; Liebman, 808 F.3d at 1298.
Because employment discrimination plaintiffs rarely have such
evidence, however, the more common route is “satisfying the
burden-shifting framework set out in McDonnell Douglas.” 12 Lewis,
918 F.3d at 1220; Liebman, 808 F.3d at 1298. When proceeding
under McDonnell Douglas, the plaintiff bears the initial burden to
establish a prima facie case of discrimination by showing (1) that he
belongs to a protected class, (2) that he experienced an adverse
employment action, (3) that he was qualified to perform the job,
and (4) that his employer treated “similarly situated” employees
outside his class more favorably. Lewis, 918 F.3d at 1220–21. “If
the plaintiff succeeds in making out a prima facie case, the burden
shifts to the defendant to articulate a legitimate, nondiscriminatory
12 See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802–05 (1973).
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23-11090 Opinion of the Court 9
reason for its actions.” Id. at 1221. If he does, “then [the plaintiff
must] demonstrate that the defendant’s proffered reason was
merely a pretext for unlawful discrimination[.]” Id; see also id. (this
burden “merges with the [plaintiff’s] ultimate burden of persuading
the [factfinder] that [he] has been the victim of intentional
discrimination.” (brackets in original) (quotation omitted)). To
meet that burden, the plaintiff must meet the proffered reason head
on—and rebut it. Alvarez v. Royal Atl. Devs., Inc., 610 F.3d 1253,
1266 (11th Cir. 2010). The plaintiff must show “weaknesses,
implausibilities, inconsistencies, incoherencies, or contradictions”
in the employer’s reasons—such “that a reasonable factfinder could
find them unworthy of credence.” Id. (quotation omitted). This
requires showing (1) that the reason given was false and (2) that
unlawful discrimination is the true reason. Id. at 1267. Simply
quarreling with the reason given is not enough. See id. In all
events, the question is whether the evidence permits an inference
of discrimination. Lewis, 918 F.3d at 1220–21 & n.6. 13
13 Though Jones does not raise it and the courts below did not address it, a
plaintiff may also survive summary judgment by showing (what we have
sometimes called) a “convincing mosaic” of discrimination. See Berry v.
Crestwood Healthcare LP, 84 F.4th 1300, 1310–11 (11th Cir. 2023); cf. Tynes v. Fla.
Dep’t. of Juvenile Justice, 88 F.4th 939, 947 (11th Cir. 2023) (“when we use what
we have called the convincing mosaic standard, we look beyond the prima
facie case to consider all relevant evidence in the record to decide the ultimate
question of intentional discrimination”). As we made clear in Berry, the
“convincing mosaic” theory “is a metaphor” for the bottom line question of
whether there is a reasonable inference of discrimination—it is “not a[n
independent] legal test[.]” Berry, 84 F.4th at 1310–11; Tynes, 88 F.3d at 947 (“we
are answering that same question when using the McDonnell Douglas
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Jones’s Title VII and ADEA discrimination claims both fail
because they fail to rebut the same legitimate, nondiscriminatory
reason for declining to hire him: Jones’s poor classroom
management.14 Indeed, the principal testified that even if Jones had
not been flagged as ineligible, she probably would not have hired
him because his classroom management was so poor. But Jones’s
brief points to no record evidence showing that his students were
not unruly, that he did not refer or “write-up” many students, that
he did not selectively enforce the school’s cell phone rules, or even
that he did not give students candy and soda in violation of school
policy. Even below, the only evidence Jones offered to that effect
was that some of his students were unruly and the teachers hired
instead of him were mostly younger and women. Thus, Jones has
not shown that this otherwise-legitimate reason not to hire him
was false, let alone that sex or age discrimination was the true
reason. Alvarez, 610 F.3d at 1265–67.
IV. Conclusion
We therefore affirm the district court’s grant of summary
framework”—“the failure to establish a prima facie case is only fatal where it
reflects a failure to put forward enough evidence for a jury to find for the
plaintiff on the ultimate question of discrimination”); see also Sims v. MVM, Inc.,
704 F.3d 1327, 1333 (11th Cir. 2013) (analyzing a “convincing mosaic”
argument under the ADEA). Regardless, and simply put, our review of the
record does not show a dispute of material fact on Jones’s claims of sex and
age discrimination.
14 We have no need, therefore, to rely on the School Board’s alternative
reason: that Jones was flagged as ineligible by their computer system.
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judgment to the School Board.
AFFIRMED.