September 2021 - Parks & Recreation - 40

LAW REVIEW
Pretext is established by a direct
showing that an illicit reason more
likely motivated the employer or by
an indirect showing that the employer's
explanation is not credible.
A proffered reason is not pretextual
unless a plaintiff proves both that
the proffered reason was false and
that retaliation was the real reason.
A plaintiff must rebut each of the
employer's proffered reasons.
As noted by the appeals court,
" only the most blatant remarks,
whose intent could mean
nothing other than to retaliate,
may constitute direct evidence "
of retaliation.
After applying this burden shifting
framework, the district court
had found Plaintiff had " established
a prima facie case of retaliation
under the Act " based upon the
following:
[T]he city is a public employer,
Plaintiff's reporting of the alleged
rape was a disclosure of a violation
of the law, her reassignment and
termination were adverse employment
actions, and the disclosure
and adverse employment actions
were close enough in time to each
other to infer a causal connection.
Having found Plaintiff had presented
a prima facie case of retaliation,
the burden then shifted to
the City to " articulate a legitimate,
non-retaliatory reason for the adverse
employment action taken. "
The federal district court had accepted
the City's two legitimate,
non-retaliatory reasons for the adverse
employment actions:
Plaintiff was reassigned because
40 Parks & Recreation | SEP T EMBER 2 0 2 1
her original position was eliminated
due to low participation in the
programs she oversaw, and she
was terminated because she refused
to sign the letter or to make a
statement refuting the letter.
In response to the City's reasons
for the adverse employment action,
the district court noted, " Plaintiff
had made no attempt to show that
the articulated reasons were pretextual. "
Since Plaintiff had failed
to demonstrate the City's reasons
were a mere pretext for the adverse
employment action, the federal district
court concluded the City was
entitled
to summary judgment.
Plaintiff appealed.
On appeal, Plaintiff claimed she
had " produced direct evidence of
retaliation in the form of a secret
recording she made of a telephone
conversation " with the city manager.
According to Plaintiff, in this
recording, the city manager had
said he was " not going up to bat
for her to keep her old position "
because of the " many times she
had meddled in the business of
the Cultural Arts Center, including
when she reported the alleged
rape. " Moreover, on appeal,
Plaintiff had argued the " City's
proffered reasons were pretextual "
and she had presented " a convincing
mosaic of circumstantial
evidence that would allow a jury
to infer that the City had illegally
retaliated against her. " The federal
appeals court rejected Plaintiff's
argument.
As noted by the appeals court,
" only the most blatant remarks,
whose intent could mean nothing
other than to retaliate, may constitute
direct evidence " of retaliation.
Under the circumstances
of this particular case, the federal
| PARK S ANDRECRE AT ION . OR G
appeals court found Plaintiff had
failed to provide such direct evidence
of retaliation.
In the opinion of the court, the
city manager's " purported statement
that he was not going up
to bat " for Plaintiff was " not so
blatant that the only explanation
for it is an intent to retaliate. " On
the contrary, during their telephone
conversation, the court
noted Plaintiff had admitted the
city manager had said he " reassigned
her because there was not
enough work for her in her old
position. " Moreover, the federal
appeals court noted " Plaintiff
did not argue in the district court
that the City's proffered reasons
were pretextual. " Similarly, the
appeals court found Plaintiff
had not argued that " a convincing
mosaic of circumstantial evidence
was sufficient for a retaliation
claim. "
Intentional Infliction of
Emotional Distress
The federal appeals court also
considered Plaintiff's claim of intentional
infliction of emotional
distress against the city officials.
As cited by the court, to succeed
on a claim of intentional infliction
of emotional distress under Georgia
law, a plaintiff must prove the
following:
[T]he alleged wrongful conduct
is both intentional or reckless and
extreme and outrageous, that there
is a causal connection between the
wrongful conduct and the emotional
distress, and that the emotional
distress is severe.
The wrongful conduct must be
so outrageous in character, and so
extreme in degree, as to go beyond
all possible bounds of decency, and

September 2021 - Parks & Recreation

Table of Contents for the Digital Edition of September 2021 - Parks & Recreation

September 2021 - Parks & Recreation - Intro
September 2021 - Parks & Recreation - Cover1
September 2021 - Parks & Recreation - Cover2
September 2021 - Parks & Recreation - 1
September 2021 - Parks & Recreation - 2
September 2021 - Parks & Recreation - 3
September 2021 - Parks & Recreation - 4
September 2021 - Parks & Recreation - 5
September 2021 - Parks & Recreation - 6
September 2021 - Parks & Recreation - 6a
September 2021 - Parks & Recreation - 6b
September 2021 - Parks & Recreation - 7
September 2021 - Parks & Recreation - 8
September 2021 - Parks & Recreation - 9
September 2021 - Parks & Recreation - 10
September 2021 - Parks & Recreation - 11
September 2021 - Parks & Recreation - 12
September 2021 - Parks & Recreation - 13
September 2021 - Parks & Recreation - 14
September 2021 - Parks & Recreation - 15
September 2021 - Parks & Recreation - 16
September 2021 - Parks & Recreation - 17
September 2021 - Parks & Recreation - 18
September 2021 - Parks & Recreation - 19
September 2021 - Parks & Recreation - 20
September 2021 - Parks & Recreation - 21
September 2021 - Parks & Recreation - 22
September 2021 - Parks & Recreation - 23
September 2021 - Parks & Recreation - 24
September 2021 - Parks & Recreation - 25
September 2021 - Parks & Recreation - 26
September 2021 - Parks & Recreation - 27
September 2021 - Parks & Recreation - 28
September 2021 - Parks & Recreation - 29
September 2021 - Parks & Recreation - 30
September 2021 - Parks & Recreation - 31
September 2021 - Parks & Recreation - 32
September 2021 - Parks & Recreation - 33
September 2021 - Parks & Recreation - 34
September 2021 - Parks & Recreation - 35
September 2021 - Parks & Recreation - 36
September 2021 - Parks & Recreation - 37
September 2021 - Parks & Recreation - 38
September 2021 - Parks & Recreation - 39
September 2021 - Parks & Recreation - 40
September 2021 - Parks & Recreation - 41
September 2021 - Parks & Recreation - 42
September 2021 - Parks & Recreation - 43
September 2021 - Parks & Recreation - 44
September 2021 - Parks & Recreation - 45
September 2021 - Parks & Recreation - 46
September 2021 - Parks & Recreation - 47
September 2021 - Parks & Recreation - 48
September 2021 - Parks & Recreation - 49
September 2021 - Parks & Recreation - 50
September 2021 - Parks & Recreation - 51
September 2021 - Parks & Recreation - 52
September 2021 - Parks & Recreation - 53
September 2021 - Parks & Recreation - 54
September 2021 - Parks & Recreation - 55
September 2021 - Parks & Recreation - 56
September 2021 - Parks & Recreation - 57
September 2021 - Parks & Recreation - 58
September 2021 - Parks & Recreation - 59
September 2021 - Parks & Recreation - 60
September 2021 - Parks & Recreation - 61
September 2021 - Parks & Recreation - 62
September 2021 - Parks & Recreation - 63
September 2021 - Parks & Recreation - 64
September 2021 - Parks & Recreation - 65
September 2021 - Parks & Recreation - 66
September 2021 - Parks & Recreation - 67
September 2021 - Parks & Recreation - 68
September 2021 - Parks & Recreation - 69
September 2021 - Parks & Recreation - 70
September 2021 - Parks & Recreation - 71
September 2021 - Parks & Recreation - 72
September 2021 - Parks & Recreation - Cover3
September 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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