Opinion

Andrea Jaye Mosby v. Reaves Law Firm PLLC

Court
District Court, W.D. Tennessee
Filed
Apr 15, 2025
Cited by
0 cases
Authority
More cited than 34.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

)

ANDREA JAYE MOSBY, )

)

Plaintiff, )

)

)

v. ) No. 2:23-cv-02099-SHM-tmp

)

REAVES LAW FIRM PLLC, )

)

Defendant. )

)

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Andrea Jaye Mosby sues Defendant Reaves Law Firm

PLLC (“the Firm”) for retaliation in violation of Title VII of

the Civil Rights Act of 1964, the Fair Labor Standards Act, and

the Equal Pay Act.

Before the Court is Defendant’s Motion for Summary Judgment.

(ECF No. 33.) For the reasons that follow, Defendant’s Motion is

DENIED.

I. Background

Plaintiff filed her Complaint against Defendant on February

24, 2023. (ECF No. 1.) Plaintiff filed her Amended Complaint the

same day. (ECF No. 8.) Defendant filed a partial Motion to

Dismiss on May 8, 2023. (ECF No. 11.) The Court denied

Defendant’s Motion to Dismiss on August 11, 2023. (ECF No. 18.)

Discovery in this case closed on October 2, 2024. (See ECF No.

32.) Defendant filed its Motion for Summary Judgment on November

4, 2024. (ECF No. 33.) Plaintiff filed her Response in Opposition

on December 9, 2024. (ECF No. 34.) Defendant filed a Reply on

December 23, 2024. (ECF Nos. 35, 36.) On January 17, 2025, the

Court granted the Parties’ Motion to Continue the Trial, which

is now set for May 5, 2025. (ECF Nos. 37-39.)

Plaintiff is a lawyer with 27 years’ experience in labor

and employment law. (ECF No. 34-1 at 2.)1 Defendant is a personal

injury law firm in Memphis, Tennessee. (Id. at 1.) Defendant

hired Plaintiff to serve as Chief People Officer (“CPO”) for the

Firm in May 2022. (Id.) Before joining the Firm, Plaintiff worked

at Memphis Light, Gas, and Water (“MLGW”) for 18 years. (ECF No.

36 at 1.) At MLGW, Plaintiff was the labor and employment in-

house counsel before serving as the Labor Engagement, Diversity,

and Inclusion Manager in the human resources (“HR”) department

from 2018 to 2022. (Id.)

Plaintiff learned of the CPO position from a prior coworker,

who had spoken to Henry Reaves about Plaintiff. (ECF No. 36 at

2.) Henry Reaves is the founding attorney and Chief Executive

Officer (“CEO”) of the Firm, and his wife, Neva Reaves, is the

Chief Experience Officer of the Firm. (ECF No. 36 at 11.)

1 All citations to the Parties’ Statements of Material Facts (ECF Nos. 34-1

and 36) are inclusive of the Parties’ internal citations to record

evidence.

Henry Reaves was “looking for...someone who could be a kind

of visionary and kind of help build [HR] out and take it to the

next level...designing and installing the right process and

procedures for HR for [the Firm] to flourish.” (Id.) Plaintiff

and Reaves spoke on the phone and had an interview in his office.

(Id.) Reaves offered Plaintiff the job. (Id.) Plaintiff was to

“do everything related to the people” who worked at the Firm,

with “more of an emphasis on culture,” and essentially “work as

a buffer between [Reaves] and the employees.” (Id. at 2-3.)

Cumulatively, as CPO, “Plaintiff was responsible for

building an HR infrastructure, managing all HR and employment-

related matters, recruiting and interviewing prospective

employees, the hiring and firing of employees, and handling all

employee-related matters... . Plaintiff was also responsible for

ensuring compliance with all state and federal laws as they

related to employees.” (ECF No. 34-1 at 3.) That included

“ensuring that Defendant was in compliance with the laws that

govern employee compensation” and receiving “complaints

regarding wages.” (ECF No. 34-1 at 3.)

While working as CPO, Plaintiff sat in on an interview for

an attorney candidate with Sheena Payne and Mark Shirmer. (ECF

No. 36 at 3.) After Plaintiff, Payne, and Shirmer had interviewed

the candidate, they took him upstairs to Henry Reaves’ office.

(Id. at 3.) Plaintiff asked the candidate about his salary

expectations, and Reaves interjected, saying, “let’s just cut to

the chase, I want you and we are willing to bring you in at

85,000.” (Id. at 4.) Plaintiff walked the candidate out, and

then met with Payne. (Id.) Plaintiff testified that Payne asked

her, “why would he offer him 85,000 when I have a young lady

that is making 65,000 that reports to me.”2 (Id.) Plaintiff

requested an explanation and additional facts, and Payne

“explained that she had a young, female third-year associate

that moved from Atlanta to work for the Firm and was making

$65,000.” (Id.)

After hearing Payne, Plaintiff “went to talk to Reaves and

explained that how he acted in the interview was unprofessional

and started to question why he offered the male candidate

$85,000.” (Id.) Reaves responded that it was what the candidate

“deserves,” and that the candidate was moving to Memphis. (Id.

at 4.) Plaintiff said that there was a female attorney at the

Firm making $65,000. (Id. at 4-5.) Reaves allegedly responded,

“I don’t care,” said that the male candidate had more experience

2 Defendant objects to the Court’s consideration of Payne’s alleged statement,

arguing that this evidence is inadmissible hearsay under Federal Rule of

Evidence (“FRE”) 802. (ECF No. 36 at 4.) However, when Payne allegedly made

her statement, she was an employee of Defendant making a statement about her

management of a Firm employee. Payne is currently the Firm’s COO and was

formerly a managing attorney. (ECF No. 33-6 at 3.) The statement may also be

offered, not for its truth, but as evidence, true or not, about whether

Plaintiff had a reasonable basis to believe there was a Title VII or EPA

violation to report. Payne’s statement is not hearsay, but an opposing party

statement pursuant to FRE 801(d)(2), or a statement not offered for its truth

under FRE 801 (c)(2). The Court will consider Payne’s alleged statement at

this stage.

and was relocating, and asked Plaintiff “who she had been talking

to and stated that she was not being loyal to him.” (Id. at 5.)

Plaintiff and Reaves “went to Mr. Cummins’s office, where

Mr. Reaves continued to state that [Plaintiff] was ‘disloyal,’

and that she was not ‘looking out for the Firm.’” (Id.) Reaves

allegedly said, “How dare [Plaintiff] tell [Reaves] what he can’t

bring people in at...and how [Plaintiff is] always telling him

what he can’t do. That’s not [Plaintiff’s] job to tell him what

he can’t do. [Plaintiff is] supposed to be supporting him.” (Id.)

Plaintiff then raised a second issue with Reaves, telling

him that he was not paying his executive assistant, PaQuita

Redmond, “what she is supposed to be making” and “questioned

whether she was classified correctly under the FLSA.” (Id. at

6.) Plaintiff alleges that Redmond had voiced her concerns to

Plaintiff, saying that Redmond was “getting calls all time of

night.”3 (Id. at 9.) Reaves then allegedly told Plaintiff:

“[Y]ou’re disloyal. You’re just trying to set me up for a

3 Defendant also objects to the Court’s consideration of Redmond’s alleged

statement, arguing that this evidence is inadmissible hearsay under FRE 802.

(ECF No. 36 at 9.) Redmond is an employee of the Firm who was speaking about

her employment with the Firm to the Firm’s CPO. Her statement may be

admissible as an opposing party statement. Her statement would also not be

hearsay if it were not offered for the truth of the matter asserted. To

support Plaintiff’s claim, it would not matter whether Redmond’s statement

were true and whether she was indeed misclassified under FLSA. The probative

value of Redmond’s statement is whether, true or not, it formed a basis for

Plaintiff to reasonably believe there was a FLSA violation to report.

Redmond’s statement is admissible as an opposing party statement pursuant to

FRE 801(d)(2), or as a statement not offered for its truth under FRE 801

(c)(2). The Court will consider Redmond’s alleged statement at this stage.

lawsuit. That’s what you do. You sue people...You’re disloyal to

me. You don’t have my best interest at heart.” (Id.) Reaves and

the Firm dispute the accuracy of Plaintiff’s recollection of her

conversations with Reaves about the two pay issues. (See id. at

4-7; ECF No. 34-1.) Reaves testified that he did not recall the

exact language or the context in which he called Plaintiff

disloyal. (Id. ECF No. 36 at 6-7.) He does admit that he told

her he “questioned her loyalty,” but was unsure whether he “used

the term trust or loyal.” (Id.)

“Shortly thereafter,” within the first 30 days of her

employment, Reaves told Plaintiff that she “obviously didn’t

understand how the firm operates,” was demoted to intake

specialist, and would begin a rotation plan to learn how the

Firm operated. (Id. at 7; ECF No. 34-1 at 5.) Plaintiff’s salary

was unaffected by this change. (ECF No. 34-1 at 6-7.) She

understood “that it was a temporary plan to work one month in

each of the divisions” and that she “would be assessed upon

completion.” (Id.) Plaintiff agreed to participate in the

rotation plan, but believed that Reaves’ plan was “not the most

logical way,” and that “there were other ways that [Plaintiff]

could have learned” about the Firm’s operations. (Id. at 7-8.)

Plaintiff’s testimony is that she told Henry Reaves that she

felt her demotion was “payback” for raising the employee pay

issues, and that “neither Dwan nor Ted,” other executives at the

Firm, “had to work in the intake department.” (ECF No. 36 at 8.)

Before starting the rotation plan, Plaintiff had spent time

building rapport with employees, recruiting numerous new

employees based on Reaves’ requests, moving furniture, picking

out paint colors, “working with Emily on things that I needed to

know,” attending many meetings, and hiring Plaintiff’s mother to

work as a recruiter at the Firm. (ECF No. 34-1 at 4, 7.)

After Reaves removed Plaintiff from her position as CPO,

Plaintiff’s testimony is that Henry Reaves informed employees

not to talk to Plaintiff about “anything related to HR” now that

she was the intake clerk. (ECF No. 36 at 7.) On or around May

28, 2022, Reaves “instructed Plaintiff to prepare a transition

document outlining all of the current projects and tasks

Plaintiff completed or was working on in her role as CPO.” (ECF

No. 34-1 at 8; ECF No. 36 at 10-11.) Although Reaves sent an

email to the other members of the executive team on May 31, 2022,

that the deadline for the document was June 2, 2022, he never

communicated a deadline for the document to Plaintiff in writing.

(ECF No. 36 at 10-11.)

Plaintiff maintains that, in addition to failing to provide

any written notice of the deadline for the transition document,

Reaves never communicated a deadline verbally. (Id. at 8.)

Plaintiff’s testimony is that Reaves’ only instruction was that

“at some point I need to know what your open matters are.” (Id.)

Henry Reaves’ testimony is that “I didn’t give [Plaintiff]

a specific date. I told her, you know – it was I guess implied

we thought [the deadline] was like immediately, you know.” (ECF

No. 36 at 10.) Neva Reaves’ testimony is that she “believe[s]

[Henry Reaves and Plaintiff] spoke about when she was supposed

to give the transition document.” (Id.)

Plaintiff was directed to report to the intake department

for her rotational program on Saturday, May 28, 2022. (ECF No.

34-1 8.) However, Plaintiff’s grandmother, who lived with

Plaintiff, passed away on May 20, 2022. (ECF No. 36 at 11.)

Plaintiff’s testimony is that she notified Henry Reaves and other

personnel of her circumstances and that they were aware that

Plaintiff was on bereavement leave during this time. (Id. at

12.) Plaintiff’s grandmother’s funeral services were held on

Friday, May 27, 2022. (Id.) Plaintiff returned to work on

Tuesday, May 31, 2022. (Id.) On her return, Plaintiff reported

to the intake department, watched the department’s training

videos, and continued to report to that department until her

termination. (Id. at 12-13.) Defendant disputes that Plaintiff

ever reported to intake. (ECF No 34-1 at 8.)

on June 2, 2022, Plaintiff’s testimony is that Henry Reaves

told Plaintiff and Tina Adams, the Firm’s Senior Manager of

Client Experience, that Plaintiff “would not need to stay in the

intake department for 4 weeks as initially anticipated and that

she would move to the ‘next phase’ on June 3.” (ECF No. 36 at

13; 33-6 at 2-3.)

Later that afternoon, Neva Reaves sent an email to Plaintiff

terminating her employment. (ECF No. 34-4 at 6.) The termination

email alleges that Plaintiff’s failure to timely submit the

transition document was an “act of insubordination.” (ECF No.

34-4 at 6.) The email references a June 2 deadline for completion

of the transition document contained in a May 31 email sent by

Henry Reaves——an email that Defendant admits Plaintiff never

received. (See id.; ECF No. 36 at 10-11.) The termination email

lists this “act of insubordination in addition to other missteps

and unprofessional behavior [as] an indication that it is best

for [the Firm and Plaintiff] to part ways.” (ECF No. 34-4 at 6.)

Plaintiff admits that the transition document was never

completed, but that was only because she was terminated before

she could do so and because she did not know there was a June 2

deadline for the document. (ECF No. 34-1 at 8.) Regardless of

the alleged failure to timely submit the transition document,

Neva Reaves’ testimony is that, if Plaintiff had only reported

to intake, she would still be employed by the Firm. (ECF No. 36

at 13.)

After her termination, Plaintiff and Henry Reaves exchanged

emails. (ECF No. 34-1 at 10.) Plaintiff attempted to challenge

her termination, alleging that Defendant had failed to follow

its own progressive discipline policy. (Id.) Although Plaintiff

admits that the content of some of those emails was

“unprofessional,” she argues the post-termination emails are

irrelevant. (Id.)

Plaintiff alleges that she was fired in retaliation for

reporting what she reasonably believed to be violations of

federal employment law. Specifically, the conversation in which

she raised the issue of pay disparity between the male and female

attorneys and the FLSA classification of Reaves’ assistant.

Plaintiff’s testimony is that she made these reports to Reaves

at least in part on the employees’ behalf, knowing it was adverse

to the Firm’s interest. Defendant argues that Plaintiff was fired

for a legitimate, non-retaliatory reason: poor performance and

insubordination. Plaintiff argues that Defendant’s reason is a

pretext for retaliation.

II. Jurisdiction

Plaintiff has asserted claims arising under federal law,

alleging violations of Title VII of the Civil Rights Act of 1964

(“Title VII”), 42 U.S.C. § 2000e-3(a), the Fair Labor Standards

Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and the Equal Pay Act

(“EPA”), 29 U.S.C. § 206, which amended the FLSA. (ECF No. 8.)

The Court has federal question jurisdiction over Plaintiff’s

claims pursuant to 28 U.S.C. § 1331.

III. Standard of Review

Summary judgment is granted if there is no genuine issue of

material fact, and the moving party is entitled to judgment as

a matter of law. See Fed. R. Civ. P. 56(c). The movant has the

burden of establishing that there are no genuine issues of

material fact, which may be accomplished by demonstrating that

the nonmoving party lacks evidence to support an essential

element of her case. Peeples v. City of Detroit, 891 F.3d 622,

630 (6th Cir. 2018). A fact not admitted or stipulated may not

be “genuinely disputed” if the opposing party objects that it

cannot be presented or supported “in a form that would be

admissible in evidence.” Fed. R. Civ. P. 56(c).

There is a dispute about a material fact if the evidence is

such that a reasonable jury could return a verdict for the

nonmovant. EEOC v. Ford Motor Co., 782 F.3d 753, 760 (6th Cir.

2015) (en banc). Inferences must be drawn in the light most

favorable to the nonmovant. Bledsoe v. Tenn. Valley Auth. Bd. of

Dirs., 42 F.4th 568, 578 (6th Cir. 2022). The Court “is not

required to speculate on which portion of the record the

nonmoving party relies, nor is it obligated to wade through and

search the entire record for some specific facts that might

support the nonmoving party's claim.” InterRoyal Corp. v.

Sponseller, 889 F.2d 108, 111 (6th Cir. 1989).

Although summary judgment must be used carefully, it “is

‘an integral part of the Federal Rules as a whole, which are

designed to secure the just, speedy, and inexpensive

determination of every action’ rather than a ‘disfavored

procedural shortcut.’” F.D.I.C. v. Jeff Miller Stables, 573 F.3d

289, 294 (6th Cir. 2009) (quoting Celotex Corp. v. Catrett, 477

U.S. 317, 327 (1986)).

IV. Law

A. Title VII Retaliation

Federal law prohibits employers from retaliating against

employees for filing complaints of discrimination under Title

VII. Claims asserting retaliation based on circumstantial

evidence are analyzed under the McDonnell Douglas burden-

shifting framework. See Briggs v. Univ. of Cincinnati, 11 F.4th

498, 514 (6th Cir. 2021); Imwalle v. Reliance Med. Prods., Inc.,

515 F.3d 531, 543–44 (6th Cir. 2008); Adair v. Charter Cnty. of

Wayne, 452 F.3d 482, 489 (6th Cir. 2006).

To establish a prima facie case of retaliation under Title

VII, a plaintiff must establish that: (1) she “engaged in a

protected activity”; (2) her “exercise of such protected activity

was known by the defendant”; (3) the defendant subsequently “took

an action that was ‘materially adverse’ to the plaintiff”; and

(4) “a causal connection existed between the protected activity

and the materially adverse action.” Briggs, 11 F.4th at 514

(quoting Rogers v. Henry Ford Health Sys., 897 F.3d 763, 775

(6th Cir. 2018)).

An employee engages in protected activity when she “has

opposed any practice made an unlawful employment practice” by

Title VII. § 2000e-3(a). In defining Title VII’s “opposition

clause,” the Supreme Court quoted the federal government’s amicus

brief and an EEOC manual: “‘When an employee communicates to her

employer a belief that the employer has engaged in...a form of

employment discrimination, that communication’ virtually always

‘constitutes the employee's opposition to the activity.’”

Crawford v. Metro. Gov't of Nashville & Davidson Cnty., Tenn.,

555 U.S. 271, 276 (2009). Recognizing a broad definition of

opposition, the Supreme Court held that opposition does not

“demand[] active, consistent ‘opposing’ activities to

warrant...protection against retaliation,” although those

activities would also fall under the umbrella of opposition. Id.

at 277 (quoting and overruling the opinion of the lower court).

Protected activity does not require a “complaint be lodged

with absolute formality, clarity, or precision.” Yazdian v.

ConMed Endoscopic Techs., Inc., 793 F.3d 634, 645 (6th Cir. 2015)

(quoting Stevens v. Saint Elizabeth Med. Ctr., Inc., 533 F. App'x

624, 631 (6th Cir. 2013)). However, the opposition must be more

than “merely a ‘vague charge of discrimination.’” Id. (quoting

Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1313

(6th Cir. 1989)). The employee’s complaint must also “be based

on ‘a reasonable and good faith belief that the opposed practices

were unlawful.’” Id. at 646 (quoting Johnson v. Univ. of

Cincinnati, 215 F.3d 561, 579 (6th Cir. 2000)). The employee

must both subjectively believe the conduct was unlawful, and “‘a

reasonable person in the same factual circumstances with the

same training and experience as the aggrieved employee’ would

believe that the conduct complained of was unlawful.” Id. at 646

(quoting Rhinehimer v. U.S. Bancorp Invs., Inc., 787 F.3d 797,

811 (6th Cir. 2015)).

Because this inquiry is “necessarily fact-dependent” and

depends on “the totality of the circumstances known (or

reasonably albeit mistakenly perceived) by the employee,”

objective reasonableness “should be decided as a matter of law

only when no reasonable person could have believed that the facts

known to the employee amounted to a violation or otherwise

justified the employee’s belief that illegal conduct was

occurring.” Id. at 646-47 (quoting Rhinehimer, 787 F.3d at 811).

When a plaintiff establishes a prima facie case, the burden

shifts to the employer to provide a legitimate, non-retaliatory

reason for the adverse employment action. Briggs, 11 F.4th at

515. Once the employer has provided a legitimate, non-retaliatory

reason, the burden shifts to the plaintiff to show that the

defendant’s reason is “actually a pretext to hide unlawful

retaliation.” Id. (quoting Rogers, 897 F.3d at 777). At summary

judgment, a plaintiff meets this burden when she “produce[s]

evidence sufficient that a reasonable finder of fact could reject

the employer’s proffered reason.” Id. (quoting Rogers, 897 F.3d

at 777).

B. FLSA and EPA Retaliation

The FLSA, as amended by the EPA, prohibits employers from

retaliating against employees for lodging complaints about FLSA

wage classification or gender-based unequal pay for equal work.

The McDonnell Douglas burden shifting analysis also applies to

FLSA and EPA retaliation claims. Adair, 452 F.3d at 489.

To establish a prima facie case of retaliation under the

FLSA, an employee must show that: 1) she engaged in protected

activity under the FLSA; 2) her exercise of that right was known

by her employer; 3) the employer took an adverse action against

the employee after the protected activity occurred; and 4) there

was a causal connection between the protected activity and the

adverse action. Id.

An employee has engaged in protected activity if she “filed

any complaint or instituted or caused to be instituted any

proceeding under or related to” the FLSA. 29 U.S.C. § 215.

Under FLSA retaliation law, there is a legally cognizable

distinction between the performance of job duties and the

assertion of one’s own FLSA rights or the rights of others.

Pettit v. Steppingstone, Ctr. for the Potentially Gifted, 429 F.

App'x 524, 530 (6th Cir. 2011). An employee carrying out human

resources duties acts in the interest of the employer. Id. at

531. The assertion of FLSA rights, on behalf of oneself or

another employee, is adverse to the employer. Id. “In recognition

of this fact, courts generally require that an employee with

these duties somehow step outside the role or otherwise make

clear to the employer that [she] was taking a position adverse

to the employer in order for the employee's activity to be

protected under 29 U.S.C. § 215(a)(3)”. McKinnon v. L-3 Commc'ns

Corp., 814 F. App'x 35, 43 (6th Cir. 2020) (internal quotations

omitted).

Once the plaintiff has satisfied her prima facie case, the

burden shifts to the employer to provide a legitimate, non-

retaliatory reason for the termination. See Adair, 452 F.3d at

482. Once the defendant provides such a reason, the burden shifts

back to the plaintiff to prove by a preponderance of the evidence

that the defendant’s reasons were a pretext for unlawful

retaliation. See id.

V. Analysis

The Court draws all reasonable inferences in the light most

favorable to Plaintiff. See Bledsoe, 42 F.4th at 578.

Defendant repeatedly disputes portions of Plaintiff’s

Statement of Undisputed Material Facts, not by specifically

objecting on the basis of the Federal Rules of Evidence or

contrary record evidence, but by categorizing Plaintiff’s sworn

declaration and deposition testimony as “unsubstantiated, self-

serving assertions” insufficient “to defeat summary judgment,”

citing Mosquera v. MTI Retreading Co., 745 F. App'x 568, 573

(6th Cir. 2018). (See ECF Nos. 35, 36.) The case law Defendant

cites does not support its broad assertion.

The explanatory parentheticals in the cases cited by the

Sixth Circuit in Mosquera make clear the type of assertions that

the court considers unsubstantiated and self-serving:

“statements made on information and belief;” “conclusory

allegations, speculation and unsubstantiated assertions;” and

“‘self-serving’ testimony, when viewed in light of [the same

individual’s] sworn statements to the contrary.” See id. In

Mosquera, the court decided that the plaintiff’s “best guess”

(that he met one non-dispositive factor in a test that determined

whether he met one of the required elements of his claim) did

not raise a genuine issue of material fact when that “best guess”

was unsubstantiated and multiple other pieces of persuasive

evidence contradicted his guess. See id. at 573-74.

Here, the Court’s consideration of Plaintiff’s sworn

declaration and deposition testimony does not rely on a wholly

unsubstantiated “best guess.” See id. The parties disagree about

the exact content and context of actions taken and statements

made by the relevant individuals. Although the asserted

conversations are not substantiated by evidence such as audio

recordings, they are not wholly unsubstantiated by the record,

alleged on information and belief, contradicted by a party’s own

sworn statement, or based on a “best guess.” See id.

A. Title VII Retaliation Claim

Defendant makes two primary arguments in support of summary

judgment: (1) Plaintiff’s claim of protected activity fails at

the reasonable and good faith belief inquiry, and (2) Defendant

had a legitimate, non-retaliatory reason for termination that

Plaintiff cannot establish is pretextual. (ECF No. 33-1 at 3-8.)

Defendant does not appear to contest that Plaintiff could satisfy

the other elements of her prima facie case, should she be found

to have engaged in protected activity. (Id.)

1. Protected Activity

Protected activity under Title VII turns, in this case, on

whether Plaintiff had an objectively reasonable and subjectively

good faith belief that Defendant was violating Title VII by

underpaying a female attorney. See Yazdian, 533 F. App'x at 645-

46.

Defendant argues that Plaintiff did not have a “reasonable

and good faith belief that the opposed practices were unlawful

because she did not even have firsthand knowledge of the

underlying facts nor did she investigate the complaint.” (ECF

No. 33-1 at 6.) That argument is contradicted by the record.

Although Plaintiff did not view a paystub for the employee or

some other physical record, she relied on the statement of the

underpaid employee’s supervisor, Sheena Payne.4 Plaintiff’s

reliance on the statement of the employee’s supervisor, someone

Plaintiff reasonably trusted to know the employee’s salary, is

not unreasonable as a matter of law. See Yazdian, 793 F.3d at

646-47 (objective reasonableness “should be decided as a matter

4 Defendant argues that any conversation between Plaintiff and Payne cannot

be considered by the Court because any of Payne’s statements would be

inadmissible hearsay. As analyzed above, Payne’s statements may be admitted

if offered for a purpose other than the truth of the matter asserted. Fed.

R. Evid. 801. Here, so long as a reasonable jury could find that Plaintiff

reasonably relied on Payne’s statements about the employee’s salary and

circumstances, and reasonably believed Defendant’s practices were unlawful,

it would not matter whether Payne’s assertions about the employee were true.

Employees are protected from retaliation for reports of unlawful conduct,

even if that conduct turns out to be lawful, so long as the employee had a

reasonable and good faith belief that the conduct was unlawful when the

employee made the report. See Johnson, 215 F.3d at 579-80.

of law only when no reasonable person could have believed that

the facts known to the employee amounted to a violation”).

Plaintiff’s conversation with the supervisor could be

reasonably construed as investigative. Plaintiff learned that

the female attorney had more experience than the male candidate,

that she also had to relocate to Memphis, but was being paid

$20,000 less than the new male attorney’s offer. (ECF No. 34-1

at 3-4.) Plaintiff had been a labor and employment attorney for

27 years and believed that Defendant’s practice was unlawful

based on the information Plaintiff received. (See ECF No. 33-1

at 6.) A reasonable jury could find that the depth of Plaintiff’s

experience makes her good faith belief that the law was being

violated more probable, not less. Plaintiff could have performed

a more in-depth investigation, but in these circumstances did

not find it necessary before raising her complaint. Title VII

does not require a lengthy and formal inquiry. Plaintiff’s

complaint need not have been “lodged with absolute formality,

clarity, or precision.” Yazdian, 793 F.3d at 645 (quoting

Stevens, 533 F. App'x at 631).

Defendant cites Plaintiff’s testimony that, “[a]t that time

I didn’t know what the employees were making,” to argue that it

would be “impossible” for her to have reasonably believed there

was unlawful conduct. (ECF No. 33-1 at 6-7.) However, Plaintiff

maintains that the “[a]t that time” in her statement refers to

the time Plaintiff began the investigative conversation with the

supervisor. (See ECF No. 34-1 at 6.) By the end of that

conversation, before Plaintiff asserts she made her complaint

opposing an unlawful practice, Plaintiff had gained knowledge of

the salary discrepancy from the female attorney’s supervisor.

(See id.)

A reasonable jury could find that Plaintiff engaged in

protected activity. The burden shifts to Defendant to proffer a

legitimate, non-retaliatory reason for Plaintiff’s termination.

2. Pretext

Defendant asserts a legitimate, non-retaliatory reason for

Plaintiff’s termination: “her blatant refusal to perform job

duties.” (ECF No. 33-1 at 7.) Specifically, Defendant alleges

that Plaintiff “failed to timely submit the transition document”

and failed to “report to intake after she was instructed,” which

Defendant alleges were acts of “insubordination.” (Id.) Because

Defendant has asserted a legitimate, non-retaliatory reason for

Plaintiff’s termination, the burden rests with Plaintiff to show

that a reasonable jury could find that Defendant’s reason was

pretextual. See Briggs, 11 F.4th at 515.

Plaintiff offers potential evidence that contradicts both

acts of alleged insubordination. (See ECF No. 34 at 13-14.)

Responding to her alleged failure to timely submit the transition

document, Plaintiff produces deposition testimony from which a

reasonable jury could find that Henry Reeves himself admits that

no specific deadline for that document was ever communicated to

Plaintiff.5 (See ECF No. 36 at 10.) Neva Reaves confirmed in her

deposition testimony that the alleged failure to timely submit

the transition document alone was not the ultimate reason for

Plaintiff’s termination. Defendant does not dispute that “Mrs.

Reaves confirmed that if Plaintiff had just reported to intake,

she would still be employed.” (ECF No. 36 at 13.)

These are sufficient facts from which a reasonable jury

could infer Defendant’s first proffered non-retaliatory reason

is pretextual. A reasonable jury, finding the first proffered

reason pretextual, might also reasonably find the totality of

Defendant’s reason was pretextual. Nevertheless, Plaintiff

supports her argument that the second proffered reason is

pretextual with additional facts.

Responding to her alleged failure to report to intake,

Plaintiff testified that she was on bereavement leave on her

initial report date and that she did in fact report to intake on

her return on May 31, 2022. (ECF No. 36 at 11.) Plaintiff

testified that she began by watching the intake training videos

and reported to intake for three days before she was fired. (Id.

5 Henry Reaves testified, referring to the deadline for the transition

memorandum, “I didn’t give a specific date. I told her, you know——it was I

guess implied we thought [the deadline] was like immediately, you know.”

(ECF No. 34-5, PageID 331 at 30:1-5.)

at 12-13.) Although Henry and Neva Reaves’ testimony may

contradict Plaintiff’s, a reasonable jury could credit

Plaintiff’s testimony and find that Defendant’s second alleged

act of insubordination was pretextual.

Ultimately, the parties’ arguments turn on the issue of

credibility. Defendant offers plausible legitimate reasons for

termination. Plaintiff offers plausible evidence that those

reasons are pretextual. Deciding which set of facts is more

credible is a question that can only be resolved by a jury.

Because Defendant has failed to show that no reasonable

jury could find for Plaintiff, Defendant’s Motion for Summary

Judgment on Plaintiff’s Title VII retaliation claim is DENIED.

See EEOC v. Ford Motor Co., 782 F.3d at 760.

B. FLSA and EPA Retaliation Claims

Defendant contends that it is entitled to summary judgment

on Plaintiff’s FLSA and EPA retaliation claims for two reasons:

(1) Plaintiff’s actions while serving as CPO do not qualify as

FLSA or EPA protected activity; and (2) Defendant had a

legitimate, non-retaliatory reason for termination that

Plaintiff cannot establish is pretextual. (ECF No. 33-1 at 10-

14.) Defendant does not appear to contest that Plaintiff could

meet the other elements of the prima facie case, should she be

found to have engaged in protected activity. (Id.)

1. Protected Activity

The standard for protected activity in FLSA and EPA claims

differs from that of Title VII. See Pettit, 429 F. App'x at 530.

At issue here is whether Plaintiff “step[ped] outside [her] role”

as the Firm’s CPO in her conversations with Henry Reaves about

the alleged gender disparity in attorney salaries and the FLSA

classification of Reaves’ assistant. See McKinnon, 814 F. App'x

at 43. That question turns on whether Plaintiff was carrying out

her HR duties in the interest of the Firm, or “taking a position

adverse” to the Firm and asserting the FLSA rights of the female

attorney and Reaves’ assistant, Redmond. See id.; Pettit, 429 F.

App'x at 530.

For purposes of summary judgment, it is undisputed that

Plaintiff, as CPO, was at least partially responsible for

“ensuring that Defendant was in compliance with the laws that

govern employee compensation” and receiving “complaints

regarding wages.” (ECF No. 34-1 at 3.) As an employee with HR

obligations, she is subject to the heightened standard for FLSA

protected activity. See McKinnon, 814 F. App'x at 43.

A reasonable jury might infer both from Plaintiff’s words

and tone, and from Henry Reaves’ reaction, that Plaintiff’s

complaint was outside her role and adverse to the Firm’s

interests. Reaves, acting as CEO, responded to the allegations

of FLSA and EPA violations by questioning Plaintiff’s loyalty to

the Firm and, as Plaintiff argues, removing her from her position

for her assertions. (ECF No. 36 at 6-7.) Plaintiff’s testimony

is that she raised these issues with the “intention...to makes

sure that...whatever [the employee] was entitled to under the

law that she received it.” (ECF No. 36 at 9.)

Defendant’s position, that Plaintiff was expected to make

these notifications as part of her job duties, may reasonably be

seen to be contradicted by Reaves’ response. If Plaintiff’s duty

as CPO were to warn leadership about these issues, why would

Plaintiff’s notification spark an outraged reaction? If

Plaintiff were not “step[ping] outside [her] role” and raising

a complaint adverse to the Firm’s interests, why would Reaves

accuse her of not “looking out for” the Firm? See id. (ECF No.

34-1 at 5.) If Plaintiff were supposed to ensure Defendant was

compliant with the FLSA and EPA, why would Reaves say that it

was not Plaintiff’s job “to tell him what he can’t do” about

employee pay issues? (Id.)

Most probative, however, is the following statement

Plaintiff testifies that Reaves made: “you’re disloyal. You’re

just trying to set me up for a lawsuit. That’s what you do. You

sue people... . You don’t have my best interest at heart.” (ECF

No. 34-2 at 13.) There is sufficient evidence from which a

reasonable jury could find that, when Plaintiff engaged in the

alleged protected activity, Defendant’s CEO believed that

Plaintiff was acting adversely to the interest of the Firm, was

setting the Firm up for a FLSA lawsuit, and was engaging in

activity that was not part of her job. See id. (See id.) If the

jury credits Plaintiff’s testimony, portions of which are

supported by other record evidence, it could reasonably find

that Plaintiff engaged in protected activity although she was

the Firm’s CPO. See id. (See id.)

Defendant cites multiple out-of-circuit cases to support

its argument that Plaintiff did not engage in protected activity

as CPO. Here, unlike Claudio-Gotay v. Becton Dickinson Caribe,

Ltd., 375 F.3d 99, 102-3 (1st Cir. 2004), there is evidence that

Plaintiff was not acting to “avoid potential liability of” her

employer. Here, unlike Lasater v. Texas A&M University Commerce,

495 F. App'x 458, 462 (5th Cir. 2012), Plaintiff was not

referring to potential compliance issues during a routine audit.

Unlike Aflalo v. Cantor Fitzgerald, L.P., 298 F. Supp. 3d 688,

696 (S.D.N.Y. 2018), Plaintiff was not asked by senior-level

employees to conduct investigations specifically into FLSA

employee classification issues. Unlike McKenzie v. Renberg’s

Inc., 94 F.3d 1478, 1487 (10th Cir. 1996), there is evidence

that Plaintiff’s action was adverse to the Firm.

Defendant may contest the veracity of Plaintiff’s

recollection of Reaves’ statements or argue that some other

factor motivated Reaves’ reaction, but the Court is not persuaded

that no reasonable jury could find that Plaintiff stepped outside

her role. If a reasonable jury credits Plaintiff’s recollection

of her conversation with Reaves, the jury could find that

Plaintiff was asserting the FLSA rights of other employees in “a

position adverse to the employer.” McKinnon, 814 F. App'x at 43.

2. Pretext

Because Plaintiff has established a prima facie case, the

burden shifts to Defendant to proffer a legitimate, non-

retaliatory reason for the termination. See Adair, 452 F.3d at

489. As above, Defendant offers Plaintiff’s alleged

insubordination. This shifts the burden to Plaintiff to offer

evidence of pretext. See id. The Parties’ arguments on pretext

for the FLSA and EPA claims are identical to their pretext

arguments on Plaintiff’s Title VII claim. (See ECF Nos. 33-1 at

14; 34 at 13-15.)

The analysis of pretext on the FLSA and EPA claims is the

same as the discussion of pretext on the Title VII claim. See

supra Part III.A.2. As analyzed above, because a reasonable jury

could find that Defendant’s proffered reasons for terminating

Plaintiff are pretextual, Defendant’s Motion for Summary

Judgment on the FLSA and EPA claims must also be DENIED. See

id.; EEOC v. Ford Motor Co., 782 F.3d at 760.

VI. Conclusion

Because a reasonable jury could find in Plaintiff’s favor

on her claims, Defendant’s Motion for Summary Judgment (ECF No.

33) is DENIED.

SO ORDERED this 15th day of April, 2025.

/s/ Samuel H. Mays, Jr.

SAMUEL H. MAYS, JR.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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