A federal judge has dismissed the discrimination lawsuit filed by Vinitha Robinson against Habersham County and former county manager Phil Sutton. Robinson, who is black, alleged she was discriminated against because of her race while employed as Habersham County’s Human Resources Director.
Robinson filed an EEOC claim against the county in July 2019. She followed that with a state lawsuit in 2020 and later, a federal race discrimination suit.
On September 23, 2022, U.S. District Court Judge Steve Jones of the Northern District of Georgia dismissed Robinson’s federal claims and granted the defendants’ motion for summary judgment. Judge Jones agreed with a review of the case by U.S. Magistrate Judge Clay Fuller who found “no reasonable jury could conclude that she [Robinson] was subjected to discrimination in her employment with the county.”
Jones ordered Robinson to pay the defendants’ court costs.
Promotion and pay raise
The federal lawsuit included nine counts. Seven of the counts were race discrimination claims under Title VII and the Equal Protection Clause which prohibit discrimination on the basis of race. The two other counts were a retaliation claim with punitive damages and a permanent injunction against Phil Sutton individually, which could have held him personally liable.
Robinson’s lawsuit hinged on her claim that she was denied a 10% pay raise and a promotion to assistant county manager because of her race. However, Judge Fuller noted that no such position existed and that Robinson and other department heads in the county who did receive raises were not “similarly situated.”
“No other Director sought both a reclassification and a 10% pay raise,” Fuller notes.
He cited several cases related to employment discrimination in his findings to back up his recommendation that the Eleventh Circuit grant summary judgment.
Appeal and refiling
Robinson’s attorney, Michael Mondy of Atlanta, says his client plans to appeal. Also, Mondy says he intends to refile the state lawsuit against Sutton which he asked the court to dismiss so that he could focus on the federal lawsuit. He has until December to refile.
“I believe the issue of negligence is different from the federal claim. Ms. Robinson plans on filing other lawsuits against the County for firing her,” he adds.
Mondy says he believes Robinson should appeal her lawsuit all the way to the U.S. Supreme Court.
“The Eleventh Circuit’s definition of ‘similarly situated’ is too strict,” Monday says. “I don’t believe the Georgia Supreme Court will reach the same conclusion in her state law case.”
Mondy adds, “I am proud that Ms. Robinson is fighting for her rights. The wheels of justice may turn slowly but they do turn.”
Habersham County hired Robinson in May 2016. In December 2021, the county manager who succeeded Phil Sutton, Alicia Vaughn, fired her without cause. One month later, Vaughn hired a former colleague of hers from Catoosa County, Ann Cain, to serve as Habersham’s Human Resources Director.
