Summary
affirming summary judgment for employer where district court found that pregnancy was not a protected class under the FCRA
Summary of this case from Berrios v. Univ. of MiamiOpinion
No. 07-12607.
April 14, 2008.
Scott M. Behren, Weston, FL, for Plaintiff-Appellant.
Peter L. Sampo, Allen, Norton Blue, P.A., Coral Gables, FL, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 04-80389-CV-JCP.
Susan Whiteman appeals the district court's entry of summary judgment in favor of Cingular Wireless on Whiteman's pregnancy discrimination claims under the Florida Civil Rights Act ("FCRA") and Title VII. On appeal, Whiteman argues that (1) pregnancy is a protected characteristic under the FCRA; (2) the district court improperly chose to apply the frame-work for establishing a prima facie case in reduction in force cases under Title VII; (3) she established a prima facie case of pregnancy discrimination under Title VII; and (4) a genuine issue of material fact exists concerning whether Cingular's legitimate non-discriminatory reason for terminating Whiteman's employment was in fact a pretext for discrimination.
We find that the district court properly applied the law to the facts of this case, and we affirm the district court's entry of summary judgment in Cingular's favor.
AFFIRMED.