Case Name: Nichelle Rodgers v. Apple South, Inc.
Abstract: Defendant was entitled to summary judgment when Plaintiff's only evidence of retaliation was the temporal proximity of her complaint and demotion. Defendant provided a legitimate business reason for Plaintiff's demotion, sexual harassment and a cash shortage. Plaintiff was unable to rebut this explanation or prove that it was a pretext for retaliation. The Court also dismissed Plaintiff's discrimination claim because Plaintiff did not prevent sufficient evidence to establish that she was replaced by a non-protected employee or that non-protected employees were treated better than her under similar circumstances. Because Plaintiff had recently been promoted and already faced sexual harassment complaints, her case was not analogous to other employees who had with one cash shortage.