Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT HOEVELER, Senior District Judge. THIS CAUSE comes before the Court upon various dispositive motions. The Court heard oral arguments on these motions on January 13, 2000. Having been advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: (I) Defendant David White’s Motion for Summary Judgment, filed September 10, 1999, is GRANTED with regard to Counts VI and IX of the Second Amended Complaint. (II) Defendants Donald Godwin and Lem Jones’s [joint] Motion for Summary Judgment, filed November 24, 1999, is GRANTED with regard to Counts VII and VIII of the Second Amended Complaint. (III) Defendant Miami-Dade County’s Motion for Summary Judgment, filed November 24, 1999, is GRANTED IN PART AND DENIED IN PART. The motion is granted with respect to Counts III, IV, V, X, XI, XIII, of the Second Amended Complaint. The motion is denied regarding Counts I, II, and XII of the Second Amended Complaint. (IV) Defendants Don Godwin and Lem Jones’s [joint] Motion for Judgment on the Pleadings, filed August 27, 1999, is GRANTED with regard to Count XV of the Second Amended Complaint. Background Plaintiff is a black woman who arrived in Miami, Florida from her native Haiti in 1992. Shortly after her arrival in Miami, Plaintiff found employment through various temporary agencies. These agencies secured work for Plaintiff as a temporary employee in the Trash Division of the Solid Waste Management Department of Metro Dade County (“County”), beginning in 1992 and continuing at least until 1999. See Deposition of Samedi, Vol. 1 at p. 26, l. 12. Plaintiff registered with these employment agencies at one of the County’s Trash Division offices. Plaintiff has received her paychecks from the various temporary employment agencies that employ her, and not from County. At no time has Plaintiff ever been hired as a County employee. When Plaintiff began working at County, she spoke only Creole. She completed four years of formal schooling while in Haiti. At all times relevant to the instant case, Plaintiff spoke and understood very-little English and was unable to read English. Plaintiffs lawsuit stems from numerous incidents of heinous sexual assaults that two County employees, Lem Jones and Donald Godwin, allegedly committed against her at various times beginning in September 1992 and ending, at the latest, by August 25,1997. See Deposition of Samedi, Vol. II at p. 147-48 (testifying that she has not had any improper encounters with Godwin or Jones after August 25, 1997). For the purposes of summary judgment, the Court shall construe the following facts in the light most favorable to Plaintiff as the non-moving party on summary judgment. See Rollins v. Tech-South, Inc., 833 F.2d 1525, 1528 (11th Cir.1987). During the time period when she was subjected to the events underlying the instant case, Plaintiff was routinely assigned job duties both “in the field” and in office environments. In the field, Plaintiff rode on a clean-up truck that visited different, dumping stations. She also worked with crane operators who used their machines to collect trash firom residential areas or from the side of the road. Plaintiff functioned as a grounds person, responsible for picking up trash from those areas. During her assignments in the offices at County, Plaintiff performed custodial tasks. On more than two occasions, she was instructed to clean and cook fish that County employees brought to the office. From September of 1992 until August 25,1997, Lem Jones was a County employee working as a trash crane operator for the Trash Division of the Solid Waste Department. Donald Godwin was also a County employee within the Trash Division, working as a Waste Supervisor I. In the course of her work at County, Plaintiff came into contact with both Jones and Godwin. Plaintiff does not remember the number of incidents nor the particulars of every incident, however, Jones and Godwin separately forced Plaintiff to have sex with each of them, separately, on many occasions during working hours. Both Jones and Godwin told Plaintiff that she had to submit to them because they were her superiors at work. Plaintiff feared that she would be fired if she did not comply. She also believed that County would permanently hire her if she engaged in sex with Jones and Godwin. See Plaintiffs Statement of Material Facts in Support of Plaintiffs Memorandum of Law in Opposition to Defendants’ Motions for Summary Judgment at ¶ 17 (describing Plaintiffs fear of losing her job, as ^vell as her “embarrassment and shame,” as reasons why she did not report Jones and Godwin’s abuse of her) (internal citations omitted). Approximately two weeks after Plaintiff began working at County in September 1992, and until sometime in 1996, Lem Jones forced Plaintiff to have sex with him. The first incident happened at work while Plaintiff and Jones were in the cab of a trash crane vehicle. See Deposition of Samedi, Vol. I at p. 42, l. 23 to p. 43, l. 1. While Plaintiff fought against Jones, he pushed her, told her that he was her boss, and had forced sexual relations with her. Not until August 25, 1997, nearly five years after the incident, did Plaintiff lodge a complaint with anyone at County regarding what Jones had done to her on that day or at any other time. On another occasion, Jones forced Plaintiff to have sex with him at a motel during their lunch break from work. Plaintiff did not tell anyone about this event for fear that she would lose her job. At another time, Jones removed Plaintiffs underwear and he, along with another co-worker, paid a female passerby “to stick her tongue in [Plaintiffs] private” against Plaintiffs will. See id., Vol. Ill at p. 30, l. 19. On yet another occasion, Jones instructed a male co-worker to remove his clothing. Jones then asked Plaintiff to join the nude man, but Plaintiff fled. In addition to these events, Jones would refuse to take Plaintiff to a restroom while they worked together in the field; Plaintiff would have to urinate on public streets, sometimes while Jones watched her. For unspecified reasons, Plaintiff stopped working on Jones’s crew in 1996. Thereafter, Jones no longer forced sexual encounters on Plaintiff. Even once Plaintiff resumed work on Jones’s crew in 1997, Jones did not have any further sexual contact with Plaintiff. However, sometime in 1996 or 1997, Donald Godwin began to force sexual relations on Plaintiff. One incident occurred in the bathroom of an office at the Trash Division’s 58th Street site in Miami. Plaintiff tried to fight God-win, but he physically overwhelmed her, threatened to fire her if she did not comply, and forced her to perform fellatio on him. Perhaps a month later, Godwin forced sexual relations on Plaintiff in a “box house” where cleaning supplies were stored. Godwin threw Plaintiff to the floor, told her that he was her boss and/or her supervisor, and threatened her that he was going to fire her if she did not submit. As he committed the sexual act, Godwin called Plaintiff a “Haitian dumb.” See id., Vol. II at p. 117, l. 25. At another time, Godwin ostensibly was to drive Plaintiff home in one of the County’s cars so she could get footwear more appropriate for her working conditions. Instead of proceeding to Plaintiffs home, Godwin parked the car in a wooded area and forced Plaintiff to have non-consensual sex on the ground outside the car. Sometimes while Godwin worked on Jones’s crew, Godwin would come out to the field where Plaintiff worked, telling her that he had work for her to do. Several times, “when he got to the truck with me, sometimes he would get his pants down and he asked me to suck his private.” Id., Vol. II at p. 123, l. 5-6. In addition, Godwin once took Plaintiff to his friend’s home where Godwin had forcible sex with Plaintiff. Afterward, Plaintiff “tried” to tell Jones that Godwin had taken her to his friend’s home and had sex with her, but Plaintiff believes that Jones did not understand her English. See id., Vol. II at 126, l. 5-16. Plaintiff admits that she told no supervisors or human resources personnel at County until August 25, 1997, about what Godwin had repeatedly done to her. Plaintiff interviewed for a permanent job with County in March 1997, and on two other occasions. See id., Vol. Ill at p. 17, l. 21-22. That position required communication skills such that the employee can both “instruct! ] citizens in backing their vehicles in order to dump their trash” and orally “inform! ] the public as to the procedures for dumping.” Exhibit 1 to Declaration of Cecilia Brewer. The position also requires an eighth grade education. See id. Plaintiff did not receive an offer for this position, yet she continued working at County as a temporary employee. Matters between Plaintiff and County came to a head on August 25, 1997 when Alonzo Wright, a County employee, told Plaintiff and several other temporary workers that no work was available for them that day. Plaintiff and the other workers went to see Defendant White about the reduction in their work hours. White referred them back to Mr. Wright, who provided no response. The group was apparently directed to the office of Pamela Payne, Chief of the Human Resources Division for County’s Department of Solid Waste Management. At that point, Plaintiff divulged to Ms. Payne the allegations of sexual assault and sexual harassment against Jones and Godwin. See Declaration of Pamela Payne at ¶4. Ms. Payne began an investigation immediately. As a result of the investigation, both Jones and Godwin were relocated away from Plaintiffs work site and were demoted. Prior to August 25, 1997, the only person Plaintiff told about any of the incidents involving her and either Godwin or Jones was her co-worker, Inetha Hawkins. See Deposition of Samedi, Vol. Ill at p. 34, l. 10 to p. 35, l. 16. Plaintiff recounted to Ms. Hawkins “what Don [Godwin] did to me.” Id., Vol. Ill at p. 35, l. 10. After the events of August 25, 1997, Plaintiff retained counsel. On September 8, 1997, Plaintiff lodged a County Affirmative Action Complaint and an EEOC Charge of Discrimination on the basis of sex and national origin discrimination. See Exhibits A and C to Second Amended Complaint. On September 9, 1998, Plaintiff received a Right to Sue Letter. See Exhibit B to Second Amended Complaint. The instant case was filed on December 14,1998. ANALYSIS Summary Judgment Summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). “Material” facts are those that relate to the substantive law of each cause of action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A “genuine issue” is one about which a reasonable fact finder could find for the nonmoving party. Id. The initial burden in a motion for summary judgment falls on the moving party “to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial.” Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). The district court must view that evidence in the light most favorable to the nonmoving party. Rollins v. TechSouth, Inc. 833 F.2d 1525, 1528 (11th Cir.1987). Once the moving party meets the initial burden, the burden shifts to the nonmov-ing party “to demonstrate that there is indeed a material issue of fact that precludes summary judgment.” Clark, 929 F.2d at 608. To avoid a grant of summary judgment, the nonmoving party must then supplement the record with “specific facts demonstrating that there is a genuinely disputed factual issue for trial.” Pastrana v. United States, 670 F.Supp. 954, 960 (S.D.Fla.1987). Parties may not rely on the pleadings alone to satisfy their respective burdens on summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Federal Rule of Civil Procedure 56(c) provides, in pertinent part, that “[t]he adverse party prior to the day of hearing [on a motion for summary judgment] may serve opposing affidavits. The judgment sought [that is, summary judgment] shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact....” Fed. R.Civ.P. 56(c). I. Defendant White’s Motion for Summary Judgment Defendant White (“White”) was the Chief of the Trash Division of the Solid Waste Department at County during the time relevant to this lawsuit. See White’s Statement of Material Facts in Support of his Motion for Summary Judgment at ¶ 1. Plaintiff does not allege that White himself sexually assaulted or harassed her. However, Plaintiff sues White in Count VI (“Section 1983”) for White’s alleged failure to exercise his superior position over Jones and Godwin. She also sues White in Count IX (“Section 1983 Retaliation”) for White’s failure to hire Plaintiff as a permanent employee. White contends that summary judgment is appropriate because Plaintiff presents no genuine issues of material fact and because White enjoys qualified immunity. At the outset, the Court notes that Plaintiff filed an opposition to White’s Motion for Summary Judgment, yet she did not timely file a Statement of Material Facts to contradict White’s Statement of Material Facts. Accordingly, “[a]ll material facts set forth in [White’s] statement ... will be deemed admitted....” SJD.Fla. L.R. 7.5. A. Count VI Plaintiffs Count VI is a 42 U.S.C. § 1983 claim against White in his supervisory capacity over Jones and Godwin, the two people who allegedly sexually assaulted and harassed Plaintiff. Section 1983 provides in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. 42 U.S.C.A. § 1983 (West Supp.2000). Section 1983 permits a remedy for the deprivation of federal rights without creating any substantive rights. See Almand v. DeKalb County, 103 F.3d 1510, 1512 (11th Cir.1997). The statute first requires that a plaintiff “allege that some person has deprived him of a federal right ... [and second,] that the person who has deprived him of that right acted under color of state or territorial law.” Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980). Count VI presents a claim for White’s supervisory liability under section 1983 for the deprivations of Plaintiffs federal rights that Jones and Godwin caused. However, theories of respondeat superior and vicarious liability cannot be used to hold supervisory officials liable under section 1983 for subordinate employees’ violations of federal law or the Constitution. See Hartley v. Parnell, 193 F.3d 1263, 1269 (11th Cir.1999) (citation omitted). Rather, supervisory liability inures under section 1983 only under two circumstances: (1) when the supervisor personally participates in the alleged violation, or (2) when the supervisor’s actions are causally connected to the alleged violation of federal statutory or federal constitutional law. See Brown v. Crawford, 906 F.2d 667, 671 (11th Cir.1990). Here, Plaintiff makes no argument that White himself sexually assaulted or sexually harassed her. Indeed, Count VI is premised solely on White’s status as the supervisor of the men who perpetrated the sexual assaults and sexual harassment. See Second Amended Complaint at ¶85. Plaintiff appears to assert that this behavior violated her rights under the First and Fourteenth Amendments. See Second Amended Complaint at ¶ 101 (describing the federally protected rights as those protecting “complaining about sexual harassment and sexual assault and sex discrimination in the workplace.”) The question therefore boils down to whether White’s own actions are causally related to Jones and Godwin’s behavior. This causal connection between White’s supervision on the one hand and Jones and Godwin’s violations of Plaintiffs First and Fourteenth Amendment rights on the other hand “can be established when a history of widespread abuse puts the responsible supervisor on notice of the need to correct the alleged deprivation, and he fails to do so.” Brown, 906 F.2d at 671. This “widespread abuse” must be “obvious, flagrant, rampant and of continued duration....” Id. Assuming that White was Jones and Godwin’s “responsible supervisor” at all times material to the instant case, Plaintiff still has presented no genuine issue of material fact that White was on notice that Jones and Godwin were victimizing Plaintiff. Plaintiff admits that she did not notify any County employees until August 26, 1997, about the problems she had with Jones or Godwin. Prior to August 25, 1997, Plaintiff admittedly told Ms. Hawkins, and Ms. Hawkins alone, about the abuse perpetrated against her. However, Plaintiff has presented no evidence that Ms. Hawkins was a County employee. Rather, Plaintiff appears to have confided in Ms. Hawkins simply as a friend. Plaintiff proffers evidence that people other than White had knowledge of Plaintiffs situation, perhaps inferring that White, too, should have known about Jones and Godwin’s behavior. However, Plaintiff presents no evidence that White was privy to any of the workplace rumors regarding Plaintiffs interactions with Jones and God-win — for example, that he was within earshot when such statements were made or that White was seen observing Jones and Godwin’s assaults on Plaintiff. Thus, Plaintiff fails to establish any basis upon which White may be considered to have received notice of Jones and/or Godwin’s treatment of Plaintiff. Plaintiff also asserts that White was on notice of Jones and Godwin’s behavior due to a history of harassment complaints at the Solid Waste Department. Plaintiffs attempts to show a “history of harassment” to infer White’s notice of the harassment sufficient to sustain supervisory liability under section 1983 fails for two reasons. First, in order to defeat a motion for summary judgment, a plaintiff must present admissible evidence. See, e.g., Fed.R.Civ.P. 56(e) (“Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence....”); 10A Charles A. Wright, Arthur R. Miller & Mary. Kay Kane, Federal Practice & Procedure, Civil 3d, § 2727, at 497-98 (West 1998) (“Material that is inadmissible will not be considered on a summary-judgment motion because it would not establish a genuine issue of material fact if offered at trial-”). Several exhibits to Plaintiffs Memorandum of Law and Supporting Affidavits and Exhibits in Opposition to Defendant, David White’s Motion for Summary Judgment (“Plaintiffs Opposition”), which Plaintiff may intend as support for her assertion that White had notice of the harassment, are incompetent evidence. Second, even were this evidence admissible, Plaintiff apparently seeks to use this evidence to show a pattern or practice of sexual harassment in the Solid Waste Department. However, the causal link that will sustain a supervisor’s liability under section 1983 is the supervisor’s knowledge of a history of harassment perpetrated not by any employee for which the supervisor is responsible, but rather, by the very same employee whose actions are at issue in section 1983 claim against the supervisor. See Hartley v. Parnell, 193 F.3d 1263, 1269 (11th Cir.1999); Braddy v. Florida Dept. of Labor and Employment Security, 133 F.3d 797, 802 (11th Cir.1998); Cross v. State of Alabama, 49 F.3d 1490, 1508 (11th Cir.1995); Sims v. Glover, 84 F.Supp.2d 1273, 1285 (M.D.Ala.1999). In the instant case, then, the relevant history of harassment must involve Jones and Godwin’s past acts of harassment. However, of the evidence that Plaintiff would offer in support of showing Jones and Godwin’s history of harassment, some of it involves perpetrators other than Jones and/or Godwin. For instance, Exhibit G to Plaintiffs Memorandum, which is of debatable admissibility, details harassment charges against a Rafael Trujillo and a Mr. Warren. As to allegations that Godwin and Jones themselves have created a “history of harassment” through their actions, Plaintiff offers an EEOC Charge of Discrimination that a Jennie Gamble filed, which claims that Don God-win sexually harassed her at County. See Exhibit J to Plaintiffs Opposition. However, this Charge was signed on September 3, 1997, several weeks after Plaintiff had notified County officials of her own complaint. Therefore, because Exhibit J came into existence after August 25, 1997, it is not particularly probative of a history of harassment of which White should have been aware prior to August 25,1997. Plaintiff also offers the Affidavit of Willie Warren. See Exhibit K to Plaintiffs Opposition. Mr. Warren is a trash/crane operator with County’s Solid Waste Department. Mr. Warren’s affidavit offers evidence that Defendant Godwin would “fondle and play” with a female County employee named Vivian Tolbert. See Affidavit of Willie Warren at ¶ 4. He recalls Jennie Gamble telling him about “Don”, ostensibly Don Godwin, harassing Ms. Gamble. See id. at ¶ 2. Mr. Warren also heard “rumors about what [Plaintiff] was doing with Don Godwin, supervisor, and Lim [sic] Jones, crane operator.” See id. at ¶ 9. A number of rumors that several deponents in the instant case testified to hearing is not competent evidence as it pertains to White’s own knowledge that Jones and Godwin were harassing anyone. However, Jennie Gamble complained to White in July of 1997 that Godwin had sexually harassed Gamble. See Deposition of Jennie A. Gamble, p. 24, l. 18 to p. 25, l. 9. That White had this knowledge, in the month preceding Plaintiffs report of sexual harassment to Ms. Payne on August 25, 1997, is still insufficient as a matter of law to create the “history of harassment” necessary to sustain this cause of action. Ms. Gamble’s testimony, construed in the light most favorable to Plaintiff, cannot defeat summary judgment on this count, as Ms. Gamble’s report to White about Godwin’s harassment of Gamble is the sole evidence presented to support Plaintiffs theory that White had knowledge of the “obvious, flagrant, rampant” abuse. See Brown, 906 F.2d at 671. As a matter of law, the fact that Ms. Gamble “complained several times,” see Deposition of Jennie A. Gamble, p. 25, l. 8, to White during a relatively short time period in July 1997 regarding Godwin’s harassment of her does not meet the heightened standard of Brown. Accordingly, Plaintiff has failed to satisfy her burden of showing that White’s supervisory actions were causally connected to the alleged violation of federal statutory or federal constitutional law that Godwin and/or Jones physically committed. Accordingly, supervisor liability is not supported by the facts and summary judgment is granted in favor of Defendant White on Count VI. B. Count IX In Count VI, discussed above, Plaintiff sues White in his capacity as Jones and Godwin’s supervisor. In contrast, Count IX asserts a section 1983 claim against White’s actual exercise of his “supervisory position over” Plaintiff by retaliating against Plaintiff “for complaining about Godwin’s and Jones’ sexual harassment and sexual assault of her.” Second Amended Complaint at ¶ 100, This claim does not survive summary judgment. Plaintiff asserts that White retaliated against her by failing to hire her as a permanent County employee. See Second Amended Complaint at ¶ 103(B). In so doing, White allegedly violated Plaintiffs “federally protected rights for complaining about sexual harassment and sexual assault,” see Second Amended Complaint at ¶ 101, as well as Plaintiffs fight to “equal protection.” See id. at ¶ 102. White asserts the defense of qualified immunity against these claims. Even assuming ar-guendo that White had authority to hire, or fail to hire Plaintiff, still no genuine issue of material fact supports Count IX. 1. First Amendment When a plaintiff sues under section 1983 claiming that she was retaliated against for exercising her First Amendment right of free speech by complaining about sexual harassment, that plaintiff must satisfy the four-part test set forth in Morgan v. Ford, 6 F.3d 750 (11th Cir.1993). First, the plaintiffs speech must be “ ‘fairly characterized as constituting speech on a matter of public concern.’” Id. at 754 (citations omitted). A public concern is marked by the plaintiffs purpose in speaking on behalf of the public instead of for herself as an employee. See id. Public concerns involve issues of “ ‘political, social, or other concern to the community.’ ” Id. (quoting Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983)). Plaintiff fails to satisfy this first element of the Morgan v. Ford test. Much like the plaintiff in Morgan v. Ford, Plaintiff in the instant case fails to show that her complaints constitute speech regarding a matter of public concern. While the violation of law, including laws against sexual harassment, most certainly can be issues of public concern, Plaintiff does not show that her complaints were directed to that public concern. Although not dispositive of the issue, Plaintiff announced her allegations of sexual harassment on August 25, 1997 to certain County .employees, not to the public. But see Gonzalez v. Lee County Hous. Auth., 161 F.3d 1290, 1296 (11th Cir.1998) (noting that a public concern may be evidenced even where employee spoke only within the workplace about a matter of public interest) (citing Connick v. Myers, 461 U.S. 138, 149, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983)). More critically,, however, Plaintiff offers no evidence that she was prompted to make her complaints on August 25, 1997, in order to make a public issue of sexual harassment. In point of fact, Plaintiff made her complaint after her work hours were reduced and her speech “focused upon how [the Defendants] behaved toward her and how that conduct affected her work.” Morgan, 6 F.3d at 754. After five years of enduring Jones and Godwin’s vile treatment, Plaintiff was finally driven to tell Pamela Payne and Defendant White about these events because of her “rational self-interest in improving the conditions of her employment,” id, and not out of a sense of public responsibility. While Plaintiff most certainly should not be faulted for acting out of self-interest under the circumstances, the absence of any evidence that Plaintiff spoke out about the harassment on behalf of the public rather than herself undermines her section 1983 premised on a First Amendment violation. Accordingly, summary judgment is appropriate. 2. Fourteenth Amendment Plaintiff also sues White in Count IX for violating Plaintiffs Fourteenth Amendment fights to equal protection. The right to be free from sexual harassment falls within the protections afforded by the Fourteenth Amendment’s Equal Protection Clause. See Cross v. State of Alabama, 49 F.3d 1490, 1507 (11th Cir.1995). However, Plaintiff does not present a genuine issue of material fact to support Count IX’s allegation that White violated Plaintiffs right to equal protection by retaliating against her for complaining about sexual harassment. White’s qualified immunity insulates him from suit. The doctrine of qualified immunity “protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates no ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Lassiter v. Alabama A & M Univ. Bd. of Trustees, 28 F.3d 1146, 1149 (11th Cir.1994) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). “When state officials are sued in their individual capacities, the application of qualified immunity to their actions is the rule rather than the exception.... ” Braddy v. Florida Dept. of Labor and Employment Sec., 133 F.3d 797, 801 (11th Cir.1998). The Eleventh Circuit’s qualified immunity analysis proceeds as follows. As a preliminary issue, “the defendant government official must prove that he was acting within the scope of his discretionary authority when the alleged wrongful act[s] occurred.” Evans v. Hightower, 117 F.3d 1318, 1320 (11th Cir.1997). White asserts that he satisfies this threshold requirement because his alleged actions were “taken in his capacity as an official with Dade County....” See Defendant David White’s Motion For Summary Judgment And Incorporated Memorandum Of Law at 9-10. Plaintiff does not contest this assertion. Satisfied that White has fulfilled this initial requirement, the Court must next apply the standard test for qualified immunity. First, the Court must decide whether the plaintiff has alleged a deprivation of a constitutional right. See Conn v. Gabbert, 526 U.S. 286, 290, 119 S.Ct. 1292, 143 L.Ed.2d 399 (1999) (citing Siegert v. Gilley, 500 U.S. 226, 232-33, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991)); see also Hartley v. Parnell, 193 F.3d at 1268 (framing the first prong of qualified immunity analysis as whether the facts, read in the light most favorable to the non-moving party, establish that the defendant’s actions deprived the plaintiff of any statutory or constitutional rights). If the plaintiff has not alleged a deprivation of a federal statutory or constitutional right, the qualified immunity inquiry is resolved in favor of the defendant. See Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir.1999) (citation omitted). However, if the plaintiff does allege a federal statutory or constitutional deprivation, the analysis then proceeds to the second prong of qualified immunity analysis — whether the federal statutory or constitutional right was clearly established at the time of the alleged violation. See Conn, 526 U.S. at 290, 119 S.Ct. 1292. Because Plaintiff alleges that White deprived her of her Fourteenth Amendment right to equal protection, Plaintiff has satisfied the first prong of vitiating White’s qualified immunity defense. See Cross, 49 F.3d at 1507. However, “no clearly established right exists under the equal protection clause to be free from retaliation.” Ratliff v. DeKalb County, Georgia, 62 F.3d 338, 340 (11th Cir.1995). Therefore, White’s qualified immunity is preserved and summary judgment is granted. II. Defendants Godwin and Jones’s Motion for Summary Judgment Jones and Godwin move for summary judgment on two of the five claims against them: Plaintiff sues Godwin under section 1983 in Count .VII; she sues Jones under section 1983 in Count VIII. These claims are premised on Jones and Godwin each having deprived Plaintiff “of her federally protected rights guaranteed by the First and Fourteenth Amendment[s] to the United States Constitution, by denying her a permanent position with the County and violating her right to be free of sexual harassment and sexual assault and retaliation in the workplace.” Second Amended Complaint at ¶¶ 91, 96. Plaintiff also alleges national origin discrimination against both Jones and Godwin. See Second Amended Complaint at ¶¶ 93(D) and (E), 98(D) and (E). A. Unavailable Bases for Section 1983 Suit Initially,'the Court can easily dispose of several bases upon which Plaintiff premises Counts VII and VIII. First, although not presented with precision, Plaintiff appears to allege that both Jones and God-win violated section 1983 by retaliating against Plaintiff, in violation of the First Amendment, after Plaintiff complained about the abuse to which they subjected her. This retaliation allegedly took the form of refusing to hire her for a permanent position with County. See Second Amended Complaint at ¶¶ 91, 96. For the same reasons as discussed in Part I.B.l, infra, Plaintiff fails to establish that her complaints about Jones and Godwin’s abuse was speech “on a matter of public concern” sufficient to sustain this type of claim. See Morgan v. Ford, 6 F.3d 750, 754 (11th Cir.1993) (citations omitted). Thus, summary judgment is appropriate in Count VII and Count VII, at least as to Plaintiffs First Amendment allegations. Second, Plaintiff asserts several bases upon which to rest her Fourteenth Amendment claims in these section 1983 actions. Plaintiff claims that Jones and Godwin each retaliated against her by reducing the available hours for her to work and by failing to hire her for a permanent position with County, in violation of the Fourteenth Amendment’s Equal Protection Clause. See Plaintiffs Statement of Material Facts in Support of Plaintiffs Memorandum of Law in Opposition to Defendants’ Motions for Summary Judgment, at ¶ 4. However, “no established right exists under the equal protection clause to be free from retaliation.” Ratliff, 62 F.3d at 340; see also Part I.B.2, infra. For this reason, Plaintiffs section 1983 claims premised on Fourteenth Amendment retaliation arguments do not survive summary judgment. Third, to the extent that Plaintiff specified Title VII as an additional basis underlying Counts VII and VIII, see Plaintiffs Memorandum of Law and Supporting Affidavits, Depositions and Exhibits in Opposition to Defendants, Donald Godwin and Lem Jones, Motion for Summary Judgment (“Plaintiffs Memorandum”), at 5, summary judgment is appropriate. Title VII suits may not be brought against defendants in their individual capacities. See Cross v. State of Alabama, 49 F.3d 1490, 1504 (11th Cir.1995) (citing Busby v. City of Orlando, 931 F.2d 764, 772 (11th Cir.1991)). Because Plaintiff sues Jones and Godwin as individuals, insofar as these section 1983 claims are premised on alleged violations of Title VII, summary judgment is granted. Fourth, Plaintiffs allegation in Count VII that Godwin is sued under section 1983 not only for the abuse he perpetrated, but also for the behavior that Jones committed, is not an issue about which Plaintiff has presented a genuine issue of material fact. Plaintiff neither presents evidence that Godwin was Jones’s supervisor at County, nor does Plaintiff present any evidence whatsoever to satisfy the Brown v. Crawford requirements for section 1983 supervisory liability, if indeed a genuine issue of material fact existed to show that Godwin was Jones’s supervisor at any time relevant to this litigation. See Brown v. Crawford, 906 F.2d 667, 671 (11th Cir.1990); see also Part I.A., infra. At this juncture, then, Counts VII and VIII may be colorable only insofar as they allege section 1983 causes of action based on Fourteenth Amendment equal protection allegations against Jones and Godwin for their commission of sexual harassment and national origin discrimination. Both Jones and Godwin assert the defense of qualified immunity as well as the argument that they did not act under color of law. B. Section 1983 and the Fourteenth Amendment’s Equal Protection Clause Pursuant to the Gomez test, discussed in Part I.A., infra, a section 1983 claim may survive summary judgment if the plaintiff presents a genuine issue of material fact regarding a defendant, who under color of law, deprived the plaintiff of a federal right. See Gomez, 446 U.S. at 640, 100 S.Ct. 1920; see also Fed.R.Civ.P. 56(c) (providing standard required to defeat summary judgment). While Jones and Godwin do not contest that they may have deprived Plaintiff of her federal rights under the Fourteenth Amendment’s Equal Protection Clause, they do contend that summary judgment is nonetheless appro-plíate as their actions against Plaintiff were not made under color of law. The Court agrees with Jones and Godwin that their actions, taken in the light most favorable to Plaintiff, do not constitute actions taken under color of law. 1. Prong one: Deprivation of a federal right Plaintiff asserts that Jones and Godwin discriminated against her on the bases of sex and national origin in violation of the Fourteenth Amendment’s Equal Protection Clause. See Plaintiffs Statement Of Material Facts In Support Of Plaintiffs Memorandum Of Law in Opposition To Defendants’ Motions For Summary Judgment at ¶ 3; Plaintiffs Memorandum at 5. Jones and Godwin do not challenge Counts VII and VIII insofar as the section 1983 claims are premised on allegations that Jones and Godwin deprived Plaintiff of a federal constitutional right under the Fourteenth Amendment. 2. Prong two: Color of law As Jones and Godwin do not challenge that Plaintiff satisfies the first prong of the Gomez inquiry for bringing a section 1983 suit, the Court now turns its attention to the second prong of the test — whether Jones and Godwin acted under color of law when they allegedly deprived Plaintiff of her Fourteenth Amendment rights. See Almand, 103 F.3d at 1513-14 (noting that color of law inquiry is a question of law). Jones and Godwin argue that even if they violated Plaintiffs equal protection, they did not act under color of law when they did so. Without evidence that Jones and Godwin acted under color of law, these section 1983 claims fail. See Gomez, 446 U.S. at 640, 100 S.Ct. 1920. In order to bring a claim under the Fourteenth Amendment’s Equal Protection Clause, the defendants’ behavior must be construed as state action. See U.S. Const., art. XIV, § 1 (“nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.”) (emphasis added); Civil Rights Cases, 109 U.S. 3, 11, 3 S.Ct. 18, 27 L.Ed. 835 (1883) (ruling that under the Fourteenth Amendment, it is “state action of a particular character that is prohibited. Individual invasion of individual rights is not the subject-matter of the amendment.”). The concept of state action under the Fourteenth Amendment is usually “coterminous” with the color of law inquiry in section 1983 suits. See Almand, 103 F.3d at 1514 n. 7 (describing “the concepts of action under color of state law and state action” as “coterminous”); Erwin Chemerinsky, State Action, Practicing Law Institute Litigation and Administrative Practice Court Handbook Series, Litigation, PLI Order No. H0-0044, at 185 (1999) (“The test for under ‘color of law under § 1983 is the same as the test for state action”). That is, the state action element that must exist under prong one of the Gamez test is identical to the color of law element required under prong two of the Gomez test. Cfi Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922, 935 n. 18, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982) (noting that not all color of law conduct for section 1983 purposes satisfies the state action requirement of the Fourteenth Amendment); but see Almand, 103 F.3d at 1514 n. 7 (explaining that the distinction between color of law and state action discussed in Lugar applies when a private person, not a state actor, applies a state statute). As Jones and Godwin did not seek summary judgment on the basis that Plaintiff presents no genuine issue of material fact as to the first prong of the Gomez test, they implicitly have not challenged the state action element that is required in all Fourteenth Amendment equal protection claims. Moreover, proof of a defendant’s state action in prong one of the Gomez test satisfies the requisite showing for color of law under prong two of the Gomez test. See Almand, 103 F.3d at 1514 n. 7. However, by asserting that no genuine issue of material fact exists to show that they acted under color of law when they violated Plaintiffs equal protection, Jones and God-win indirectly challenge Plaintiffs satisfaction of the first prong of the Gomez test relating to state action, as well. As Jones and Godwin directly assail the second prong of the Gomez test, the Court now examines whether Plaintiff made a sufficient showing that Jones and Godwin acted under color of state law when they committed sexual acts upon Plaintiff. The Supreme Court has defined the color of law requirement in section 1983 as “[mjisuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law....” United States v. Classic, 313 U.S. 299, 326, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941). One “acts under color of state law when he acts with authority possessed by virtue of his employment with the state.” Almand, 103 F.3d at 1513. Jones and Godwin concede that they are state employees. However, the parties dispute whether, as a matter of law, Jones and Godwin possessed any authority over Plaintiff sufficient to sustain Counts VII and VIII. One point requires clarification at this time. Jones and Godwin contend that they had no authority, either apparent or actual, to hire or fire Plaintiff. In this way, they argue that them actions against Plaintiff were not committed under color of law. However, Jones and Godwin conceive of the asserted authority too narrowly. The relevant scope of Jones and Godwin’s authority over Plaintiff is not whether they could hire or fire her, but rather, whether they wielded “considerable control over a subordinate [to wit, Plaintiff] whose work [they] regularly supervise! ], even if [they do] not hire, fire, or issue regular evaluations of her work.” Bonenberger, 132 F.3d at 23 (overruling district court’s finding that color of law requirement was not met where defendant had no authority to hire, fire, or make any employment decision regarding plaintiff). Only those actions that a state employee undertakes “pursuant to the power he/she possessed by state authority” may be deemed acts under color of law for the purposes of section 1983. See Edwards v. Wallace Cmty. Coll., 49 F.3d 1517, 1523 (11th Cir.1995). Otherwise, such actions are attributable to the state actor as a private individual. See id. The Eleventh Circuit has- not explicitly ruled that the power “possessed by state authority” must be actual authority, as opposed to apparent authority. Apparent authority, as defined by the Restatement 2d (Agency) § 219(2)(d), requires that a victim’s conclusions are “reasonable” as to the ostensible superior’s authority over the victim. See Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 759-60, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) (discussing federal approach to apparent authority in context of employers’ vicarious liability under Title VII); Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922, 937, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982) (alluding to apparent authority in color of law analysis under section 1983). Several circuits have found that a defendant’s authority required to sustain a claim under section 1983 may be either actual or apparent. See, e.g., United States v. Causey, 185 F.3d 407, 424 (5th Cir.1999) (DeMoss, J., concurring in part and dissenting in part) (noting that the color of law inquiry is “traditionally rooted in some assertion of actual or apparent official authority”); Zambrana-Marrero v. Suarez-Cruz, 172 F.3d 122, 125 (1st Cir.1999) (recognizing actual or apparent authority as basis for color of law under section 1983); Bonenberger v. Plymouth Township, 132 F.3d 20, 23 (3d Cir.1997) (implicitly recognizing apparent authority as sufficient to establish defendant acting under color of law); David v. City and County of Denver, 101 F.3d 1344, 1353 (10th Cir.1996) (articulating color of law test as one of defendant’s actual or apparent authority, coupled with a “ ‘real nexus’ ” between defendant’s act and his “ ‘badge’ of state authority”) (citations omitted); Jojola v. Chavez, 55 F.3d 488, 492-93 (10th Cir.1995) (stating explicitly that “authority with which the defendant is allegedly ‘clothed’ may be either actual or apparent”). In the absence of binding case law to the contrary, this Court proceeds under the assumption that a defendant’s apparent authority over a plaintiff may be sufficient to show that the defendant acted under color of law for purposes of a section 1983 suit. However, the parties disagree about whether Plaintiffs subjective belief that Jones and Godwin were her supervisors is sufficient to establish that Jones and Godwin acted under color of law when they harassed Plaintiff. Plaintiff believed that Godwin and Jones were supervisors who had authority over her continuing employment at County. Godwin and Jones told Plaintiff that they were her supervisors, with control over her work situation. They also told Plaintiff that they could have sex with her because they were her bosses. Plaintiff understood that she would be fired, or denied a permanent job with County, if she did not permit the sexual activity. See, e.g., Deposition of Samedi, Vol. I at p. 51, l. 25; Vol. I at p. 65, l. 18-20; Vol. I at p. 66, l. 4., Vol. II at p. 108, l. 1, Vol. II at p. 117, l. 22-23. Plaintiff felt that she had to submit to the continuing harassment because she wanted to continue working at County. Nonetheless, the Court is not aware of any precedent holding' that a plaintiffs subjective belief as to a defendant’s authority, without more, is sufficient to establish that the defendant acted under color of law under section 1983. See Zambrana-Marrero, 172 F.3d at 126 (“Although the subjective reactions of the [plaintiff] may have some relevance, ‘the primary focus of the color of law analysis must be on the conduct’ ” of the defendant) (quoting Barreto-Rivera v. Medina-Vargas, 168 F.3d 42, 47 (1st Cir.1999)). Furthermore, Godwin and Jones argue that not only is Plaintiffs subjective belief about their authority over her irrelevant to the color of law issue, but also that Jones and Godwin’s own representations about their authority over Plaintiff fails to establish that Jones and Godwin acted under color of law when they violated Plaintiffs Fourteenth Amendment rights. Rather, Jones and Godwin argue, and the Court agrees, that a showing of apparent authority sufficient to satisfy the color of law element of section 1983 is established only if the state actor’s employer vests such authority in that state employee. No authority posits that a defendant’s own articulation of his putative authority is sufficient to show that he possesses state authority sufficient to infer actions taken under color of law. Indeed, this point is easily inferred from the case upon which Plaintiff relies most heavily in opposing Jones and Godwin’s motion for summary judgment. In Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir.1997), plaintiff was a police officer who sued, inter alia, a police sergeant under section 1983 to remedy allegations of sexual harassment. The Third Circuit found that the sergeant was not plaintiffs official supervisor, nor did he have authority to hire or fire the plaintiff. However, the court ruled that the supervisor acted under color of law when he harassed plaintiff because he regularly supervised plaintiffs work by altering her workload, determining when plaintiff could take a break, deciding which tasks plaintiff would perform, and garnering sufficient authority such that plaintiffs refusal to follow his orders would constitute insubordination. See id. at 22, 24. In that way, the state held plaintiff out as a supervisor with apparent authority over the plaintiff. In contrast, Plaintiff does not present evidence that Jones and Godwin possessed similar state authority with respect to Plaintiff. Plaintiff bases her lawsuit against Jones on the assumption that Jones was her boss because “he told me he was the boss, so I worked with him, so I thought he was the boss.” Deposition of Samedi, Vol. I at p. 66, l. 4-6. Plaintiff never confirmed that Jones was her supervisor, vested with any authority over her employment. See id. at p. 65, l. 21-23; see id., p. 66, l. 25 to p. 67, l. 2 (testifying that Jones was the only person to tell Plaintiff that he was her boss). Plaintiff believed that Jones was her supervisor, and she was induced to withstand his abuse due to her own understanding. The parties to the instant case do not agree that Jones and Godwin supervised Plaintiff. Cf. Bonenberger, 132 F.3d at 22. Here, Plaintiff proffers no evidence that Jones or Godwin had any influence over her work at County. Rather, Plaintiff relies solely upon the legally unsound theory that “Samedi was made to believe by Godwin and Jones that they had the authority to hire and fire her.” See Plaintiffs Memorandum at 4. This concise statement of Plaintiffs subjective belief forms the extent of Plaintiffs response to Jones and Godwin’s motion for summary judgment on the color of law question. As Plaintiff fails to present a genuine issue of material fact that Jones and Godwin possessed any authority — be it actual or apparent — over Plaintiffs work, the color of law requirement of section 1983 is not satisfied as a matter of law. See Gomez, 446 U.S. at 640, 100 S.Ct. 1920. Summary judgment is therefore granted on Counts VII and VIII and the Court need not evaluate Jones and Godwin’s claims of qualified immunity. III. Defendant Miami-Dade County’s Motion for Summary Judgment County seeks summary judgment on each of the nine counts brought against it. Section A of this Part of the opinion evaluates the Faragher affirmative defense that County asserts as to Counts I, II, and X. Section B deals with County’s argument that evidence regarding Defendant Jones’s harassment of Plaintiff is time-barred as it relates to all Title VII counts against County. Section C addresses County’s argument that Plaintiffs claims of retaliation, in Counts III and X, are subject to summary judgment because County had legitimate, non-discriminatory reasons for not hiring her and because Plaintiff fails to demonstrate that County’s reasons were pretextual. Section D is concerned with County’s motion for summary judgment on the grounds that Plaintiff fails to show any genuine issue of material fact to sustain Plaintiffs claims in Counts IV and V of 42 U.S.C. § 1983 municipal liability. Section E takes up County’s assertion that no evidence exists to show that County knew or should have known of Jones and God-win’s dangerous propensities such that Counts XI and XII are subject to summary judgment. Finally, Section F decides County’s motion for summary judgment on the basis that Count XIII is barred by County’s sovereign immunity. A. Faragher Affirmative Defense County moves for summary judgment on Counts I, II, and X based on its assertion of the so-called “Faragher affirmative defense” to Title VII liability for an employer “when discriminatory misuse of supervisory authority alters the terms and conditions of a victim’s employment....” Faragher v. City of Boca Raton, 524 U.S. 775, 803, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). An employer may successfully assert the Faragher affirmative defense only “[w]hen no tangible employment action is taken” against the Title VII plaintiff. Id. at 807, 118 S.Ct. 2275. While County makes sound arguments regarding the elements of the Faragher affirmative defense, it entirely fails to address the preliminary question of whether or not a genuine issue of material fact exists as to any tangible employment actions taken against Plaintiff at County. Cf. Madray v. Publix Supermarkets, Inc., 208 F.3d 1290, 1296 (11th Cir.2000) (reiterating requirement that a “victimized employee suffered no adverse tangible employment action” in order for employer to assert the Faragher affirmative defense); Dees v. Johnson Controls World Services, Inc., 168 F.3d 417, 422 (11th Cir.1999) (“When no such tangible employment action occurs ... the employer’s vicarious liability [for the acts of supervisory employees under Title VII] is subject to a two-part affirmative defense” provided for in Faragher); Coates v. Sundor Brands, Inc., 164 F.3d 1361, 1367 (11th Cir.1999) (Barkett, J., concurring specially) (highlighting the condition that no tangible employment action was taken against a Title VII plaintiff if a defending employer asserts the Faragher affirmative defense). As County possesses the burden on summary judgment, its failure to present any evidence that Plaintiff was not subject to a tangible employment action at County precludes the Court’s consideration of County’s Faragher affirmative defense. Summary judgment is therefore denied as to Counts I, II, and X. B. Time-barred Claims Involving Jones Although Counts I, II, and X survive summary judgment as far as the Far-agher affirmative defense is concerned, Defendant is correct to argue that these claims concerning Jones’s behavior vis-a-vis Plaintiff are time-barred. In order to bring a Title VII lawsuit in federal court, a plaintiff must first timely file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), or with the relevant state or local agency that oversees the processing of such charges. See 42 U.S.C. § 2000e-5(e)(l); Forehand v. Florida State Hosp., 89 F.3d 1562, 1567 (11th Cir.1996) (explicating condition precedent of filing charge of discrimination before Title VII lawsuit may be filed in federal court). A Title VII lawsuit may assert only those allegations of discrimination or unlawful employment practices that occur within a statutorily specified period of time prior to the filing of a charge of discrimination. When a plaintiff files a charge of discrimination with the EEOC, that statute of limitations is one-hundred eighty (180) days. See 42 U.S.C. § 2000e-5(e)(1). However, when a claimant “has instituted proceedings with a State or local agency with the authority to grant or seek relief’ from the charge of discrimination, the statute of limitations is extended to three-hundred (300) days. See id.; see also Cardin v. Via Tropical Fruits, Inc., No. 88-14201-CIV-MARCUS, available at 1993 WL 945324, at *17 (S.D.Fla. July 9, 1993). In the instant case, Plaintiff filed a charge of discrimination with both the Metro Dade Equal Opportunity Board and the EEOC on September 8, 1997. See Exhibit A to Second Amended Complaint. Plaintiff later received a right to sue letter, which permitted her to file the instant case. See Exhibit B to Second Amended Complaint. Accordingly, Plaintiff may allege incidents of discrimination or other unlawful employment practices that occurred in the 300 days preceding September 8, 1997. However, no genuine issue of material fact exists to show that Jones harassed Plaintiff in the 300 days preceding Plaintiffs filing of a charge of discrimination on September 8, 1997. Plaintiff testified at deposition that she stopped working with Jones in 1996, see Deposition of Samedi, Vol. II at p. 91, l. 8-9, she did not work for him for a year thereafter, see id., Vol. II at p. 102, l. 1-3, and once she resumed working with him in July 1997, she did not have sexual relations with him. See id., Vol. II at p. 105, l. 11-22. Therefore, Plaintiffs last sexual incident involving Jones had to have occurred no later than July 1996, which is more than 300 days before Plaintiff filed her charge of discrimination. Thus, all allegations of Jones’s harassment of Samedi are time-barred pursuant to 42 U.S.C. § 2000e-5(e)(1). C. Retaliation and Failure to Hire County seeks summary judgment on Counts III and X by arguing that Plaintiff fails to establish a prima facie case of discrimination. Even if Plaintiff makes a prima facie case, County states that it had legitimate, non-discriminatory reasons for not hiring Plaintiff to a permanent position at County, and that Plaintiff did not make a showing that County’s reasons for not hiring Plaintiff were pretextual. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) (establishing the rule of burden-shifting in Title VII cases that involve circumstantial evidence of discrimination). 1. Retaliation Plaintiff appears to allege in Counts III and X both Title VII retaliation and Title VII discrimination for failure to hire. A prima facie case of retaliation under Title VII requires that the Plaintiff establish the following elements: (1) plaintiff was engaged in an activity protected by Title VII; (2) plaintiff was disadvantaged by an action of her employer that occurred either simultaneous with or subsequent to such activity; and (3) a causal connection exists between the protected activity and the employer’s adverse action. See Morgan v. City of Jasper, 959 F.2d 1542, 1547 (11th Cir.1992). In the instant case, County does not dispute that it is Plaintiffs employer, although County never hired Plaintiff as an employee, but rather, County provided Plaintiff with work to do for which a temporary agency compensated Plaintiff. Assuming then, that County is Plaintiffs employer, Plaintiff still fails to establish a prima facie case of Title VII retaliation. Plaintiff did engage in statutorily protected expression when she filed her charge of discrimination on September 8, 1997, as well as when she complained to Defendant White and Ms. Payne on August 25, 1997 about Jones and Godwin’s harassment of her. See Holifield v. Reno, 115 F.3d 1555, 1566 (11th Cir.1997) (discussing first element of Title VII retaliation prima facie case). However, Plaintiff fails to provide a genuine issue of material fact to explain how she suffered an adverse employment action after August 25, 1997. An adverse employment action “as a matter of law includes not only discharges, but also demotions, refusals to hire, refusals to promote, and reprimands.” McCabe v. Sharrett, Jr., 12 F.3d 1558, 1563 (11th Cir.1994) (citing Rutan v. Republican Party of Illinois, 497 U.S. 62, 110, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990)). No evidence was offered to establish that Plaintiff had applied for a job with the County on or after she first engaged in statutorily protected activity on August 25, 1997. Neither was evidence adduced to show that the Waste Attendant I position, for which Plaintiff was interviewed in March of 1997, was still available on or after August 25, 1997. Finally, Plaintiff fails to produce any evidence to show that she had applied for any position other than the Waste Attendant I job for which she was interviewed in March 1997. In these ways, to the extent that Counts III and X assert Title VII retaliation, summary judgment is granted. 2. Failure to Hire Plaintiff more explicitly seems to claim that County discriminated against her in violation of Title VII, on the basis of her Haitian national origin, by failing to hire her to a permanent County job. Title VII provides, in pertinent part, as follows: “It shall be an unlawful employment practice for an employer ... to fail or refuse to hire ... any individual ... because of such individual’s race, color, religion, sex, or national origin ...” 42 U.S.C. § 2000e-2(a)(1) (emphasis added); see also Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 645, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (quoting 42 U.S.C. § 2000e-2(a) and applying the provision to a disparate-impact situation); Reynolds v. G.M. Roberts, 202 F.3d 1303, 1319 n. 27, reh’g denied, 213 F.3d 650 (11th Cir.2000) (discussing Title VII failure to hire cases in the context of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). a. Prima Facie Case A failure to hire case under Title VII may be established if a plaintiff first e