McCann v. Tillman
526 F.3d 1370 (11th Cir. 2008)
A correctional officer appealed an order granting summary judgment against her in her suit alleging race discrimination, retaliation, and a hostile work environment under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and 42 U.S.C.S. §§ 1981, 1983, against defendants, a county personnel board, a supervisor, a warden and his deputy, and a sheriff. Her racial discrimination claim related to a suspension, and thus the failure to promote claim based on the suspension, failed for failure of comparators with nearly identical conduct. The first proposed comparators' conduct had not occurred while violating the policy against wearing a uniform off-duty. The second's conduct was not directed to a high-ranking officer of a neighboring county, as was the officer's. A memorandum explained that suspended employees should not be able to recover for unpaid leave by working overtime. While that policy was not in place when the officer filed her grievance, it had previously been discussed and found appropriate, but not implemented due to staffing shortages; therefore, the retaliation claim failed. Prior satisfactory ratings by prior supervisors were not controlling as they did not involve leave and tardiness issues similar to those the current supervisor noted. The officer’s hostile work environment claim failed because being called "girl" once and hearing two black male employees being called "boys" once were too sporadic and isolated to establish conduct so objectively severe or pervasive as to alter the terms and conditions of employment.