Crowe v. ADT Security Services, Inc., No. 10-1298 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Wythe Crowe appeals the district court's grant of summary judgment in favor of Defendant-Appellee ADT Security Services on his claims of discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Plaintiff is African-American, and worked as a technician in Defendant's telephone support center. In December, 2006, a female co-worker made a sexual harassment allegation against Plaintiff; shortly thereafter, Defendant began an investigation into the complaint which involved a thorough review of Plaintiff's employment history. At about the same time of the complaint, Plaintiff and two other co-workers approached management to discuss concerns about the lack of African-Americans in management, and the perception that African-Americans were being passed over for promotions. Since the December incidents, more complaints about Plaintiff's behavior surfaced. The internal investigation on Plaintiff concluded July 25, 2007; two days later, Plaintiff was terminated. Plaintiff filed suit alleging that the termination was race based due in part to his complaint about the dearth of African-Americans in management. Defendant moved for summary judgment. The trial court granted the motion on the grounds that Plaintiff failed to make a prima face case of both discrimination and retaliation, and that he failed to raise a genuine dispute of material facts on whether Defendant's reasons for terminating him was pretext. On appeal, the Circuit Court affirmed the lower court's decision, finding that the record contained ample evidence that the termination was not based solely on complaints after his protected behavior, but on his personnel history, allegations of sexual harassment and insubordination.
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