Opinion

David Jackson v. Secretary, U.S. Department of Transportation

Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 14, 2026
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

USCA11 Case: 25-10894 Document: 30-1 Date Filed: 01/14/2026 Page: 1 of 8

NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-10894

Non-Argument Calendar

____________________

DAVID E. JACKSON,

Plaintiff-Appellant,

versus

SECRETARY, U.S. DEPARTMENT OF TRANSPORTATION,

Federal Aviation Administration, Washington, DC,

Defendant-Appellee.

____________________

Appeal from the United States District Court

for the Northern District of Georgia

D.C. Docket No. 1:21-cv-03738-AT

____________________

Before JILL PRYOR, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

The Federal Aviation Administration operates “hundreds of

air traffic control facilities staffed by a highly trained, highly skilled

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2 Opinion of the Court 25-10894

workforce and thousands of air routes that safely carry” millions of

passengers across tens of thousands of flights each day. 1 To ensure

that its air traffic controllers stay sharp and up to date, the FAA

mandates periodic on-the-job training.

An Airway Transportation System Specialist at the FAA,

David Jackson faced a two-week suspension after he failed to timely

complete his training. Asserting that this rationale was pretext for

discrimination, he sued his employer under Title VII and the Age

Discrimination in Employment Act. But all evidence in the record

suggests that Jackson faced discipline for his tardiness—not his

race, age, or any protected activity. Because no reasonable jury

would conclude otherwise, we affirm the district court’s grant of

summary judgment in the employer’s favor.2

I.

Much of the following account comes from the employer’s

statement of material facts. The district court properly deemed

those facts admitted because Jackson did not respond with specific

and clear citations to the record, as Local Rule 56.1(B)(2)(a)(2)

requires. Rather, his response came with citations to

“unidentifiable documents,” referring to any one of the “373 pages

of exhibits that were not labeled or in any logical order and were

totally out-of-sequence.” We have said that compliance with Local

1 Fed. Aviation Admin., Safety: In the Air, https://www.faa.gov/safety/air

[https://perma.cc/9RR7-32E4] (last updated Sept. 10, 2025).

2 We deny all pending motions as moot.

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25-10894 Opinion of the Court 3

Rule 56.1 is “the only permissible way” for the nonmovant “to

establish a genuine issue of material fact” at the summary

judgment stage. Reese v. Herbert, 527 F.3d 1253, 1268 (11th Cir.

2008). “In the absence of such specific citations to evidence, the

court will deem each of the movant’s facts as admitted.” Id. at 1267

(quotation omitted). With that, we turn to the admitted facts.

For over three decades, Jackson has worked for the FAA’s

Atlanta Air Route Traffic Control Center. Under FAA policy,

specialists like Jackson must complete on-the-job training to obtain

“direct experience in the work environment where the employee is

required to perform his/her duties.” First-level managers must

“establish employees’ training schedules” and ensure that training

is “accomplished in a timely manner.” Though employees must

generally complete assigned trainings within 180 days, managers

have discretion to impose shorter deadlines.

In July 2015, Jackson’s manager Tina Cadrette assigned

training related to the FAA’s Wide Area Augmentation System—

“an extremely accurate navigation system” that “provides service

for all classes of aircraft in all phases of flight.” 3 This training takes

about ten hours: five with instructor Frank Bradley and another

five for self-study. Cadrette initially directed Jackson to complete

the training by late August. But seeing that Jackson might need

3 Fed. Aviation Admin., Satellite Navigation – Wide Area Augmentation System,

https://www.faa.gov/about/office_org/headquarters_offices/ato/service_

units/techops/navservices/gnss/waas [https://perma.cc/XC4M-RGMH]

(last updated Dec. 9, 2025).

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4 Opinion of the Court 25-10894

more time, Cadrette agreed to a one-month extension. Leading up

to the new deadline, she reached out—multiple times—to remind

Jackson about the training, even offering to take work off his plate

so he could get it done. But one day before the deadline, Jackson

told Cadrette that he would not complete the training on time.

Cadrette then scheduled a meeting with Jackson to discuss

next steps. Jackson claimed that he had, in fact, timely completed

the training. But when Cadrette asked instructor Frank Bradley

about Jackson’s story, Bradley responded that Jackson had not

participated in any instructional sessions. After consulting her

manager and a human resources specialist, Cadrette admonished

Jackson and suspended him for two weeks.

Jackson says that he was suspended not because he failed to

comply with training protocols, but because he is black and over

forty years old. So he filed this lawsuit, alleging that his employer

engaged in disparate treatment and retaliation in violation of the

federal sector provisions of Title VII and the ADEA. See 42 U.S.C.

§ 2000e-16(a); 29 U.S.C. § 633a(a). After a year of discovery, the

district court granted the employer’s motion for summary

judgment. This is Jackson’s appeal.

II.

We review de novo the district court’s grant of summary

judgment. See McCreight v. AuburnBank, 117 F.4th 1322, 1329 (11th

Cir. 2024). A movant is entitled to summary judgment if he can

show that there is “no genuine dispute as to any material fact and

the movant is entitled to judgment as a matter of law.” Id. (quoting

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25-10894 Opinion of the Court 5

Fed. R. Civ. P. 56(a)). “A genuine issue of material fact exists when

the evidence is such that a reasonable jury could return a verdict

for the non-moving party.” Id. (quotation omitted).

III.

We agree with the district court that there is not enough

evidence for a reasonable jury to conclude that discrimination or

retaliation played any role in his suspension.

A.

The federal sector provisions of Title VII and the ADEA are

“essentially identical.” Babb v. Sec’y, Dep’t of Veterans Affs., 992 F.3d

1193, 1199–1200 (11th Cir. 2021). Both provide that “[a]ll personnel

actions affecting employees” “shall be made free from any

discrimination based on” some protected characteristic—whether

“race, color, religion, sex, or national origin” (in the case of Title

VII) or “age” (the ADEA). See 42 U.S.C. § 2000e-16(a); 29 U.S.C.

§ 633a(a). To prevail under either statute, the plaintiff must show

that a discriminatory reason played some part in the decision-

making process, such that it is not “untainted” by discrimination.

Babb, 992 F.3d at 1204 (quotation omitted); see Buckley v. Sec’y of

Army, 97 F.4th 784, 793 (11th Cir. 2024).

In employment discrimination cases, a wide variety of

circumstantial evidence may be used to defeat a motion for

summary judgment—so long as the evidence is admissible and

“would allow a jury to infer intentional discrimination by the

decisionmaker.” Tynes v. Fla. Dep’t of Juv. Just., 88 F.4th 939, 946

(11th Cir. 2023) (quotation omitted). Here, Jackson rests his

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6 Opinion of the Court 25-10894

disparate treatment claims on evidence that, in his view, reflects

favorable treatment for employees who are neither black nor over

the age of forty. To be clear, comparator evidence is not the be-all

and end-all in employment discrimination cases: a “plaintiff’s

failure to produce a comparator does not necessarily doom the

plaintiff’s case.” Smith v. Lockheed-Martin Corp., 644 F.3d 1321, 1328

(11th Cir. 2011); see Jimenez v. U.S. Att’y Gen., 146 F.4th 972, 997 (11th

Cir. 2025). But Jackson does not rely on other circumstantial

evidence of discrimination, such as “suspicious timing, ambiguous

statements, or other information from which discriminatory intent

may be inferred.” Tynes, 88 F.4th at 946 n.2 (quotation omitted).

Given Jackson’s decision to frame his case in this way, we will

consider whether his comparator evidence suffices to stave off

summary judgment.

For comparator evidence to support an inference of

discriminatory intent, the plaintiff and his comparators must be

“similarly situated in all material respects.” Lewis v. City of Union

City, 918 F.3d 1213, 1224–25 (11th Cir. 2019) (en banc). As relevant

here, a similarly situated comparator “will have been subject to the

same employment policy, guideline, or rule” and “will have

engaged in the same basic conduct (or misconduct) as the plaintiff.”

Id. at 1227.

Jackson points to two colleagues who also worked for

Cadrette—Daniel Wheaton and Rey De Los Santos. But Wheaton

and Los Santos are “differently situated in material respects”:

Jackson did not point the district court to any evidence that they

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25-10894 Opinion of the Court 7

failed to meet any supervisor-imposed deadlines or were

untruthful in the course of any investigation. 4 See id. at 1228

(internal quotation marks omitted). Since they did not engage in

the same basic misconduct as Jackson, there is no reason to think

that they received favorable treatment by dint of their race or age—

or put differently, that Jackson’s suspension had anything to do with

his race or age. See Anthony v. Georgia, 69 F.4th 796, 805–06 (11th

Cir. 2023). Nothing in the record suggests that had Wheaton and

Los Santos failed to meet Cadrette’s deadlines and then tried to

hide it, they would have been treated any differently than Jackson.5

Jackson’s comparator evidence therefore rests on an improper

comparison. And without any evidence supporting an inference of

discriminatory animus, Jackson’s disparate treatment claims fail.

B.

Next, Jackson claims that Cadrette retaliated against him for

his December 2014 internal grievance complaining that Cadrette

held him “responsible for the completion of work that has been

assigned to other employees” and created “hostility and confusion

4 Relying on a document that appears to reflect Wheaton’s on-the-job training

history, Jackson contends that Wheaton took more than two years to

complete a particular course. But Jackson did not clearly cite this (or any

other) document in his response to the employer’s statement of material facts,

in violation of Local Rule 56.1(B)(2)(a)(2). Jackson cannot cure a defective

response by including the missing citations in his appellate briefs.

5 Jackson’s summary judgment filings did not point the district court to any

evidence indicating that Wheaton and Los Santos faced more lenient deadlines

on account of their race or age.

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8 Opinion of the Court 25-10894

within the unit” by “routinely” changing “[m]anagement

expectations and directions.”

To prove retaliation under Title VII, the plaintiff must

establish that he had “a good faith, reasonable belief that the

employer was engaged in unlawful employment practices.”

Furcron v. Mail Ctrs. Plus, LLC, 843 F.3d 1295, 1311 (11th Cir. 2016)

(quotation omitted). “Unfair treatment, absent discrimination

based on race, sex, or national origin, is not an unlawful

employment practice under Title VII.” Coutu v. Martin Cnty. Bd. of

Cnty. Comm’rs, 47 F.3d 1068, 1074 (11th Cir. 1995).

Jackson’s December 2014 grievance did not complain of

racial discrimination of any kind. In fact, Jackson concedes that his

grievance complained about Cadrette’s attempts to hold him

“accountable for work not performed when that work had been

assigned to two other employees.” Because the grievance does not

qualify as “statutorily protected activity,” no reasonable jury would

find in Jackson’s favor on his Title VII retaliation claims.6 Furcron,

843 F.3d at 1310.

* * *

We AFFIRM.

6 Jackson did not press retaliation claims under the ADEA.

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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