Lewis v. City of Union City, No. 15-11362 (11th Cir. 2019)Annotate this Case
Plaintiff filed suit against the City, the police department, and others, alleging claims of disability and/or racial or gender discrimination. In regard to the disability discrimination claim, the Eleventh Circuit held that plaintiff's evidence was insufficient to meet her prima facie burden of demonstrating that she was actually disabled, but was sufficient on whether she was regarded as disabled; the district court erred in holding that plaintiff failed to produce sufficient evidence that she was a qualified individual; plaintiff met her prima facie burden of demonstrating that the city discriminated against her because of her perceived disability; and plaintiff produced sufficient evidence that she was not a direct threat.
In regard to the race and gender discrimination claims, the court held that the evidence of arbitrary personnel decisions surrounding plaintiff's termination, the pretextual justifications offered for the same, the differing treatment of her white male colleagues, and other evidence amounted to sufficient circumstantial evidence to create a triable issue of material fact on whether the police department's actions were discriminatory on the basis of race and/or gender. Finally, the court rejected plaintiff's municipal liability claim under 42 U.S.C. 1981 for the police chief's discriminatory actions as the final decisionmaker. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.