Full opinion text
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. The instant action arises from an employment relationship between Plaintiff Claude R. Short (“Short”) and Defendant Mando American Corporation (“MAC”). On April 22, 2010, Short filed suit against MAC, alleging discrimination based on race and national origin, harassment based on age and race, retaliation, and several state law torts. (Doc. # l). This case is now before the Court on five motions, which are as follows: (1) MAC’s motion for summary judgment, (Doc. # 43), filed on April 22, 2011; (2) Short’s motion for a protective order and motion to strike MAC’s motion for summary judgment, (Doc. # 49), filed on May 2, 2011; (3) MAC’s motion to strike portions of Short’s evidentiary submission in opposition to MAC’s motion for summary judgment, (Doc. # 59), filed on May 25, 2011; (4) Short’s motion to strike the affidavit of Jerry Rolison, (Doc. # 63), filed on June 16, 2011; and (5) Short’s motion to strike the affidavit of Taeyoung Kwak, (Doc. # 64), filed on June 16, 2011. JURISDICTION AND VENUE This Court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1331 (federal law) and 1367(a) (supplemental jurisdiction). Venue is proper in this district pursuant to § 1391(b). The parties do not dispute personal jurisdiction. FACTS AND PROCEDURAL HISTORY I. Facts A. The Parties Generally Short is a white male, originating from the United States. He is a resident of Bumpus Mills, Tennessee. Prior to working for MAC, Short worked for General Motors (“GM”) for thirty-four years. Although it is unclear in which state MAC is incorporated, the parties agree that MAC was incorporated in the United States in January of 1996. MAC is a wholly-owned subsidiary of Mando Corporation, which is incorporated and existing under the laws of the Republic of Korea. At all relevant times, MAC was doing business in Lee County, Alabama. MAC and Korean subsidiary corporations of Mando Corporation are in the business of manufacturing, assembling, and selling automotive parts and assemblies to customers in the United States and other world-wide markets. In 2004, MAC commenced operations at its plant in Opelika, Alabama, creating products used in the manufacture of automobiles. MAC’s primary customers are the “Big Three” automobile manufacturers in the United States (GM, Chrysler, and Ford) located in Detroit, Michigan, Hyundai Motors Manufacturing located in Montgomery, Alabama, and Kia Motors Manufacturing located in West Point, Georgia. MAC also has a facility in Plymouth, Michigan, near Detroit. MAC has two types of employees at its Opelika plant. “Regular” employees reside permanently in the United States and are hired by and work directly for MAC. Regular employees are predominately American in origin. Regular employees are employees only of MAC. Foreign Service, or “expatriate”, employees (“FSEs”) are employees of Mando Corporation, MAC’s parent, sent from Korea to work in the United States for three to five years. All FSEs are citizens of Korea. Mando Corporation assigns FSEs to their positions so that its Korean employees can learn about overseas operations, educate subsidiaries about its business policies and methods, report on activities of the subsidiary to the parent corporation’s management, and facilitate communications between the parent corporation, its Korean subsidiaries, MAC, and MAC’s customers. B. Short’s Employment as Quality Director at MAC For approximately one year after MAC began operations at its Opelika plant in 2004, Nosuk Ha (“Ha”), a Korean citizen employed as an FSE by Mando Corporation, was the Quality Manager. Prior to this time, Ha had worked as a Quality Director in MAC’s Plymouth, Michigan facility. Consequently, his five-year entitlement to work in the United States was due to expire in 2008. In July of 2006, MAC hired Short to replace Ha as the Quality Director at the Opelika plant with an annual salary of $125,000. MAC hired Short because it believed that his English language skills and past work experience and relationships with the Big Three automotive companies would improve customer relations and quality control. MAC also believed that Short’s experience as a Supplier Quality Supervisor and consultant with GM would help establish strong working relationships with GM and the other Big Three companies. Initially, Short shared duties with Ha as Quality Director. However, soon after Short began working for MAC, Taeyoung Kwak (“Kwak”) joined MAC as President. Kwak originated from Korea but became a naturalized citizen of the United States. Kwak shifted Ha to another position. According to Short, Ha was responsible for supervising him. As Quality Director, Short was “responsible for the total quality system within the plant, supplier quality and quality to deal with customers, [made] sure they [had] a good environment, [made] sure the employees [were] trained, [and] put the proper people in the proper place.” (Doc. # 45 Ex. 3, Short’s Dep. 38:15-20). Kwak testified that when he became MAC’s President at the end of 2006, there was “no problem” with Short’s performance of his duties. (Doc. # 46 Ex. 1, Kwak Dep. 94:7-10). On January 1, 2008, Kwak gave Short a $10,000 per-year (8%) increase in salary, although the normal increase that year was 4% for other managerial employees. i. The Charge-Back Issue Generally However, MAC contends that Short performed only some of his duties well. MAC concedes that Short performed well in his dealings with the Big Three American automobile companies, but alleges that he “was not effective in his dealings with suppliers, the majority of which were Korean-managed subsidiaries of Mando Corporation in Korea and China.” (Doc. # 44, at 6). Specifically, MAC contends that Short was ineffective in implementing a new practice of “charge-backs” to its suppliers for expenses incurred when component parts purchased from suppliers did not conform to purchase specifications. MAC alleges that Short, as Quality Director, was responsible for establishing and implementing processes that identified and documented such nonconforming components, communicating such identification and documentation to responsible suppliers with MAC’s claims for reimbursement, and following up with suppliers, as necessary, to ensure that such charge-backs were honored by the suppliers. Short disagrees, alleging that the Quality Department was separate and distinct from the Accounting, Planning, and Purchasing Departments such that he “did not have sole or even significant responsibility for any charge-back issues.” (Doc. # 55, at 11). Short testified in his deposition as follows: The mounting charge back comes from shipping defective parts, so I had no responsibility in making those. I had responsibility for trying to resolve that. And when I say that, I’m referring to trying to get support from the parent company to handle their quality issues and to sort their own stuff. (Doc. #45 Ex. 3, Short Dep. 95:3-10). Short alleges that he requested that someone from Mando Corporation come to Alabama to handle Mando Corporation’s quality issues, but that his request “fell on deaf ears.” (Id. 95:14-18). He was aware of the tensions that developed between Man-do Corporation and MAC and its subsidiary corporations over the charge-back issue and knew that it was something to be concerned about from a business standpoint. (Doc. # 45 Ex. 3, Short Dep. 92:15-18, 99:10-15). Short further testified that he checked into the charge-back issue and “put [the documentation] into accounting to do the charge-backs” but that he told Kwak that he could not “get a report out of ... accounting.” (Id. 92:15-20). Short believed that he “had a responsibility to provide the data, submit it to accounting, and [that] it was accounting’s responsibility to get the money back.” (Id. 99:1-4). Kwak testified in his deposition that Short was to submit the documentation for the charge-backs to accounting so that accounting could collect the funds, but he also testified that Short “need[ed] to follow through” with accounting or the supplier to make sure MAC was getting paid. (Doc. #46 Ex. 1, Kwak Dep. 120:16-121:7). However, in his affidavit, Kwak stated that Short was responsible for documenting, communicating, and following up on charge-backs with the suppliers, not accounting. (Doc. # 45 Ex. 1, Kwak Aff. ¶ 18 (“As MAC’s Quality Director, ... Short was responsible for establishing and implementing processes that identified and documented such nonconformities, communicating such identification and documentation to suppliers with MAC’s claims for reimbursement to responsible suppliers, and following up with suppliers, as necessary, to insure that such claims, or “charge-backs,” were honored by suppliers.”) (emphasis added)). ii. Short’s Alleged Difficulties with Suppliers Short testified that he does not speak Korean, nor did he attempt to learn how to speak or understand Korean. (Doc. # 45 Ex. 3, Short Dep. 62:6-7, 64:12-14). He further stated that “in staff meetings and business meetings, the Koreans would speak Korean, knowing that [the American employees] did not understand it.” (Id. 62:12-14). Thus, Short felt that he was at a disadvantage in making presentations when in Korea using an interpreter. (Id. 67:1-6; see also Doc. # 47 Ex. 5, Pl.’s Ans. to Interrogatories at 16). In July of 2007, Kwak moved Jason Burton, the employee responsible for supplier quality, from Short’s Quality Department to the Purchasing Department, which was headed by a Korean FSE named Kimbong Kim (“Kim”). Short testified that this change was made because “under many organizations supplier quality goes to the purchasing department because they procure material coming in and approve it” and because “that is how the [B]ig [T]hree ... was organized.” (Doc. #45 Ex. 3, Short Dep. 40:7-20). In his affidavit, Kwak stated he moved supplier quality to the Purchasing Department because “it was evident to [him] that ... Short was not effective in resolving the steadily increasing, unresolved charge-backs”, he believed that “Kim’s involvement would provide enhanced capacity for communication between MAC and its suppliers”, and he “hoped that MAC’s Purchasing Department’s involvement would encourage MAC’s suppliers to be more willing to accept responsibility for MAC’s charge-backs.” (Doc. #45 Ex. 1, Kwak Aff. ¶ 23). MAC alleges that Short “continued to have overall responsibility for the identification of nonconforming parts received from Mando suppliers, including the accumulation of quality data used by MAC to seek recovery of costs and expenses from those suppliers, and the initiation of corrective action plans on quality issues.” (Id. ¶ 24). Kwak also asserted that Short “remained in charge of the third-party companies involved in identifying and sorting nonconforming parts” and “continued to be responsible for the preparation and identification of ‘debit memoranda’ submitted to Mando [Corporation’s] suppliers by MAC in support of MAC’s charge-backs.” (Id. ¶ 25). Short admitted that he would have responsibility, via those working under him, for the accumulation of data; however, he further stated that such information was provided to accounting and that he “expected accounting to go deduct the money from their payment and to get the money.” (Doc. # 45 Ex. 3, Short Dep. 89:12-93:6). While MAC claims that Kim’s involvement helped improve relationships with suppliers, many of its suppliers still refused to honor charge-backs due to inaccurate and incomplete data. (Doc. #45 Ex. 1, Kwak Aff. ¶ 26). iii. Mando Corporation’s Involvement in Late 2008 By late 2008, the uncleared charge-backs had increased to several million dollars. (Id. ¶ 28). When Mando Corporation’s executive leadership became aware of the issue in the summer of 2008, the Chairman of its Board of Directors (“Chairman Chung”), issued directions to all of its subsidiaries, including MAC, to resolve the uncleared charge-backs. (Id.). Despite efforts to clear the charge-backs, the issue remained unresolved in November of 2008, when Mando Corporation’s directors were in Opelika for a meeting with MAC’s Board of Directors. (Id. ¶ 29). Chairman Chung expressed unhappiness over the amount of uncleared charge-backs and the failure to cooperate between MAC and other Mando Corporation subsidiaries who supplied the parts. (Id.). Short admitted that Chairman Chung “continuously discussed with [him] the necessity of submitting claims and charge[-]backs in a timely manner.” (Doc. # 47 Ex. 5, Pl.’s Ans. to Interrogatories at 17). However, Short explained that “this [information] was being turned into accounting on a monthly basis.” (Id. at 17-18; see also Doc. # 45 Ex. 3, Short Dep. 103:22-104:20). Thus, Short felt that he was being unfairly accused of shortcomings in the clearance of charge-backs. (Doc. # 45 Ex. 3, Short Dep. 105:9-13). On December 8, 2008, Chairman Chung wrote a letter to all MAC management expressing his general dissatisfaction with MAC. (Doc. # 47 Ex. 3, Def.’s Ex. 29 at 1). Chairman Chung stated that MAC wrote off $12 million for 2006 and 2007 and had an additional $4.1 million at risk “due to [i]nventory adjustments, aging sales AR, missing assets, and aging quality AR claim[s].” (Id.). In pertinent part, Chairman Chung outlined the problems and solutions as follows: I think these issues were not caused by somebody outside but caused by MAC itself. The main reason is lack of internal communication and teamwork. ... Another significant reason is that MAC management lacks self desire to succeed and direction. I saw [the] same issues keep coming up. This shows there is no desire to get better.... Specifically, most of the operational issues were visible on the Planning / Accounting side. As the MAC control tower, these groups need to pull other departments together to improve. Yet, [the] Planning / Accounting department[s] had the most issues. Communication and teamwork is the most important factor in doing your day[-]to[-]day work for Quality, Production, Control, Logistics, Procurement, and Purchasing. But, due to lack of communication and teamwork, MAC has many issues with Mando [Corporation]. By improving internal communication and communication with Mando [Corporation], you need to eliminate the types of issues you are having with Mando [Corporation]. I want you to show me your desire to improve as well as [the] hard work to achieve that desire. I will support you by dispatching Accounting, Planning, Purchasing, IT, QC, and HR. With these people I am sending, I want you to fix the root cause of all the issues I discussed earlier and show me a direction where MAC can become a strong company. (Id. at 1-3). Short understood that the communication problems referred to by Chairman Chung included communications regarding the charge-back issue. (Doc. # 45 Ex. 3, Short Dep. 119:5-7). However, he felt that the letter was “very insulting” when it “stat[ed] that [MAC management] had no desire to ... improve.” (Doc. # 47 Ex. 5, Pl.’s Ans. to Interrogatories at 17). The following day, on December 9, 2009, Kwak replied to Chairman Chung’s letter, informing him that he “discussed the contents of [his] letter with ... management” and that they “all agree[d] with everything [he] described.” (Doc. # 47 Ex. 3, Def.’s Ex. 30 at 1). He assured Chairman Chung that MAC would “improve [its] relationship with Mando [Corporation].” (Id.). Kwak further stated that MAC was “in the process of realigning [its] organization to strengthen our operation management strength.” (Id.). On December 12, 2008, Short sent a memorandum to the MAC employees and managers under his supervision stating, in pertinent part, the following: A review of IQS data reveals that information has been loaded into the system in a haphazard, hit-and-miss fashion. This is very unfortunate; it must be corrected ASAP. Effective immediately, all new IQS reports must contain information that is appropriate to each blank space. In other words, all blank spaces must be completed. In addition, each employee must revisit his/her reports that have already been recorded in the system, and provide any missing information. It is expected that this will be accomplished by January 15, 2009---- Please be diligent in completing these tasks. This is imperative to the integrity of basic MANDO quality. (Doc. #47 Ex. 7, Def.’s Ex. Ill at 1). Short testified that the IQS information could refer to supplier parts as well as internal complaints and that some of this data could be used for charge-backs. (Doc. # 45 Ex. 3, Short Dep. 109:5-8, 110:2-4). He sent out the memorandum “[b]ecause there [were] a lot of quality people that reported under my direction in the plants that [were] providing data in the system” and because “information wasn’t being completed in the IQS system, and [they] wanted it resolved.” (Id. 109:2-17). Donald Laking (“Laking”), a MAC employee who was general manager of suspension, testified that, after Short’s memorandum was sent out, “there was a fire alarm that [the IQS] data had to be corrected because evidently it was not accurate enough.” (Doc. # 47, Laking Dep. 19:7-10, 51:16-19). Laking further testified that, while it was only a small portion of data that needed to be fixed on his part because his major supplier did not have many charge-backs, he “had to try to pull what information [he] had to verify [that] small portion of those charge [-]baeks.” (Id. 52:2-22). C. Short Becomes the Director of Customer Service and Warranty in December of 2008 According to Kwak, in response to Chairman Chung’s concerns, he decided to remove Short as Quality Director. (Doc. # 45 Ex. 1, Kwak Aff. ¶ 36). He informed Short of this decision on December 17, 2008. According to Short, Kwak told him that “headquarters wanted to replace him with a Korean.” (Doc. #45 Ex. 3, Short Dep. 123:16-18). When Short asked to whom he would be reporting, Kwak allegedly stated “that he didn’t know, but it would be a Korean.” (Id. 124:19-21). On the other hand, Kwak testified that he told Short that he was being removed as Quality Director because “headquarters wants somebody who can communicate and work with Korea” but that he did not know yet who that would be. (Doc. #46 Ex. 1, Kwak Dep. 81:4-12, 82:14-23). He further testified that he did not think it was necessary that the Quality Director actually be Korean. (Id. 84:16-19). Kwak also stated that he thought he told Short that “there were issues in communicating with headquarters and there were issues with charge[ ]backs and that’s why ... headquarters is not happy with the performance of [the] quality department.” (Id. 90:28-91:4). Kwak told Short that he would become the Director of Customer Service and Warranty with responsibility over MAC’S Big Three customers. (Id.). As a result of this change, Short’s responsibilities were reduced. (Doc. #46 Ex. 1, Kwak Dep. 89:22-90:8). Kwak also informed Short that his pay would also be reduced due to his lessened responsibilities. (Doc. # 45 Ex. 3, Short Dep. 153:11-15). Kwak then placed Ha in charge of Quality Control as its Quality Control/Production Engineering General Manager. (Doc. #45 Ex. 1, Kwak Aff. ¶36). Thus, Ha had “management authority over most of the quality control efforts previously managed by ... Short, including supplier quality, operations quality, customer service for Hyundai and Kia, and production engineering.” (Id.). Furthermore, Kwak told Short that he would be transferred to Plymouth, Michigan for the Director of Customer Service and Warranty position. Short informed Kwak that he did not want to move to Michigan and requested that he be able to work out of his vacation home in Tennessee. According to Kwak, he “had misgivings about ... Short’s ability to provide direction and supervision from a remote vacation home.” (Id. ¶ 40). On January 5, 2009, Kwak told Short that he would be reporting to Ha. Short claims that he “informed [Kwak] that [his] demotion wasn’t because of performance but because they wanted a Korean rather than an American to be in the top spot.” (Doc. # 45 Ex. 3, Short Dep. 55:3-7). Kwak also told Short to ask Ha if he could work out of Tennessee. Ha gave his permission the following day, and Kwak testified that he was willing to “give it a try.” (Doc. # 45 Ex. 1, Kwak Aff. ¶ 40). Short immediately began making preparations to relocate to Tennessee. D. The Economic Downturn in Early 2009 In early 2009, the automotive industry in the United States began to decline. One of MAC’S major customers, GM, filed for bankruptcy protection and “MAC was operating at a small fraction of what its production had been in 2008.” (Doc. # 45 Ex. 1, Kwak Aff. ¶ 43). As a result of this economic downturn, Kwak made an across-the-board reduction of 4% of the salaries of all General Managers and above, determined that there would be no annual raise for all other salaried employees, implemented a salary / wage freeze for all employees, laid off 43 of its hourly employees, and operated only during alternate weeks for several months. (Id. ¶¶ 42-43). On March 1, 2009, Kwak reduced Short’s salary to $96,000 annually “due in large part to [the] substantial reduction in job duties and responsibilities, but also due to [the] across-the-board reduction of 4% of the salaries.” (Id. ¶ 42). Kwak asserted that he did not reduce Short’s salary when he began his new position because he “waited until [he] decided on company-wide reductions as a result of the severe economic downturn in the automotive sector in 2009.” (Id.). Also as a result of this economic downturn, MAC eliminated as many costs unrelated to production as possible. (Id. ¶ 44). Thus, Kwak directed that there would be no expenditures authorized except those required to meet production needs. (M). On January 22, 2009, Kwak issued a memorandum to “all hands” which was emailed to MAC employees and which stated the following: Effective immediately all purchases that are not related to daily production will be sent back to the department unpaid if the accounting department does not have a prior approval form on file for said purchases. This includes but is not limited to: office supplies, janitorial supplies, personal expenses turned in on expense reports, credit card purchases, and any other category that is not directly involved with production. (Doc. # 47 Ex. 3, Def.’s Ex 114 at 1). As Director of Customer Service and Warranty, Short acknowledged that “this job required travel to various customer locations, in order to perform [the] job well.” (Doc. #47 Ex. 5, Pl.’s Ans. to Interrogatories at 16). However, because Ha refused to approve most of his travel requests, Short contends that his performance of these duties was undermined. (Id.). Both parties acknowledge that tensions arose between Short and Ha over the refusal to approve his travel requests. According to MAC, it was due to the economic downturn that Short “was often unable to travel from ... Tennessee to [MAC’s] offices in Plymouth, Michigan, and customer locations because the expense of such travel could not be authorized.” (Doc. # 45 Ex. 1, Kwak Aff. ¶ 46). Short acknowledged that he was aware that the country and the automotive industry, in particular, were hurting very badly during this time period and that he was not surprised when MAC management decided that cut backs were needed. (Doc. # 45 Ex. 3, Short Dep. 148:4-19). He knew that there were “financial issues” and that “cash was tight.” (Id. 141:19-22). However, both Kwak and Ha testified that, even if Short was based out of Plymouth, Michigan, he would still need to make occasional trips to other locations, such as Canada, Mexico, and Louisiana, where customer plants were located. (Doc. #46 Ex. 1, Kwak Dep. 141:5-142; Doc. # 46 Ex. 2, Ha Dep. 80:21-81:1). E. The Decision to Transfer Short to Michigan While Short was attempting to work out of Tennessee, MAC continued to look for ways to cut costs. (Doc. # 45 Ex. 1, Kwak Aff. ¶ 47). In June of 2009, Ha suggested to Kwak that Short be assigned the work performed by Vince D’Epifanio (“D’Epifanio”), a MAC contract employee in the Detroit, Michigan area who was responsible for “drop-ship” supplier quality. (Id. ¶ 49). By terminating D’Epifanio’s employment and assigning his work to Short, Kwak believed that MAC would save $70,000 a year — ie. the cost of having D’Epifanio as a contractor — without compromising MAC’s operations. (Id.). After Ha informed Short of this decision on June 18, 2009, Short emailed him the following day. (Doc. #47 Ex. 3, Def.’s Ex. 36 at 1). Short reiterated the alleged conversation with Kwak regarding headquarters wanting a Korean in the Quality Director Position. He wrote that his demotion in January of 2009 was “not a performance issue” but rather that headquarters “wanted a Korean person to fill that top spot in the company’s organization.” (Id.). Short asked Ha why he was being demoted again. (Id.). This email was also sent to Kwak and Human Resources Manager Jerry Rolison (“Rolison”). (Id.). Ha responded with an email sent on June 24, 2009. (Doc. #47 Ex. 3, Def.’s Ex. 38). He told Short that “the job changes [he] proposed to [Short] stem from current business conditions and needs and is not associated with [Short’s] performance while working with [MAC].” (Id.). Ha further stated that he wanted Short to continue with MAC “as [MAC] struggled] to emerge from this economic downturn to make a better company than ever before.” (Id.). Additionally, he informed Short that he would need to be based out of Plymouth, Michigan “to be successful in this proposed role.” (Id.). According to Ha, being located in Plymouth, Michigan would enable Short “to better service [MAC’s] customers and suppliers more timely and economically” because “the bulk of these contact points and locations are regional to Plymouth.” (Id.). Ha concluded by telling Short that there were “no plans to reduce [Short’s] salary, ... title or benefits[;] just to change [his] job description, and base location.” (Id.). The following day, Short emailed Ha and stated that he personally believed that he could be “very successful” in this new position by working out of his Tennessee home and that it “would be more cost effective” for him to stay in Tennessee rather than have MAC pay his relocation costs. (Doc. # 56 Ex. 2, Pl.’s Ex. 21 at 1). He pointed out that, out of the four drop ship suppliers, only one is located in Michigan and that the customers supplied by these drop shipments are found in Alabama, Louisiana, Michigan, and Canada. (Id.). However, Short stated that he would “take [Ha] at his word” regarding whether he would be of better service to MAC’S drop ship customers in Plymouth, Michigan. (Id.). Finally, he asked for extra information in order to “tie up loose ends” in Tennessee, including when the relocation would occur, whether MAC would cover living expenses in Michigan until his Tennessee home is sold and until he finds a new home in Michigan, and whether MAC would move his furniture and belongings to Michigan. (Id.). Finally, he requested a long-term employment agreement with MAC in regards to the relocation. (Id.). On July 9, 2009, Rolison responded to Short’s requests for more information regarding the move to Michigan. (Doc. # 56 Ex. 2, Pl.’s Ex. 28 at 1-2). He told Short that MAC wanted him working out of the Plymouth, Michigan office within one to two weeks with a full relocation target date no later than September 14, 2009. He also informed Short that the “standard relocation package is to provide a lump sum payment equal to 10% of [Short’s] salary for miscellaneous moving expenses in addition to providing a moving company to relocate [his] household belongings.” (Id. at 2). However, he also stated that it would be Short’s “choice in selecting and listing [his] home with a realtor.” (Id.). As for the long-term employment agreement, Rolison stated that MAC “follows a general policy of ‘employment at will’ ” such that only the President “has the authority to enter into any agreement with any individual for employment for a specified period of time.” (Id.). Rolison told Short that he “appreciate^] [his] cooperation and sincerely hope that [he] will accept this change and continue to help [MAC] be successful.” (Id.). He asked that Short provide his decision by July 16, 2009. (Id.). On July 15, 2009, Short responded to Rolison’s email. (Doc. # 47 Ex. 3, Def.’s Ex. 46). According to Short, this and other emails evidenced that he repeatedly and affirmatively “accepted” the new position. (Doc. #55, at 18). In the email, Short stated that he had put in travel requests to Ha and that, if they were approved, he could begin working out of Plymouth, Michigan the following week. (Doc. #47 Ex. 3, Def.’s Ex. 46 at 1). However, he stated that he could not currently afford to buy or rent another home in Michigan until he sells and closes on his Tennessee home and requested that MAC “be patient with [him] as [he] work[s] through this [relocation] process.” (Id.). Short further objected to the 10% lump sum payment because it would be his “third relocation in less than three years” and “will cost more than the lump sum payment for [him] to break even.” (Id.). He stated that he was now “being asked to move at the risk of financial hardship, in order to keep a lesser paying ... and less prestigious ... position.” (Id.). As for the long-term employment agreement, Short told Rolison that he was “willing to negotiate that with ... Kwak, since he, alone[,] has the power to do so.” (Id. at 2). He requested a three-year employment agreement with standard benefits, a guarantee that MAC would not further reduce his salary, a company vehicle of the same class and size as he currently had, assurances that he would get normal pay increases as the other salaried employees receive them, and a promise that he would not have to move again. (Id.). On July 21, 2009, Short emailed Ha and Jason Burton (“Burton”), another MAC employee, stating that he had “never been given the ‘go ahead’ to begin the process of transition to handling the drop ship suppliers.” (Doc. # 47 Ex. 3, Def.’s Ex. 52 at 1). He asked if D’Epifanio had been notified of his termination yet and how MAC wanted him to proceed. (Id.). Burton replied a few minutes later stating that D’Epifanio had been notified, but that he was not sure about how to proceed with the transition. (Doc. # 47 Ex. 3, Def.’s Ex. 53 at 1). He further stated that “time is running out.” (Id.). Later that same day, Rolison acknowledged Short’s efforts and willingness to relocate to Michigan but stated that MAC “cannot accept the terms of [his] relocation” as he had requested. (Doc. #47 Ex. 3, Def.’s Ex. 55 at 1). Rolison stated, in pertinent part, the following: During the most recent restructuring of the QC department, we felt that we could offer you continued employment in Michigan as a replacement for an independent contractor along with other enhanced responsibilities in the Quality field. However, the relocation terms that you requested beyond what we proposed to you indicate that you cannot meet our immediate needs under the terms [MAC] presented to you; therefore, we believe there are only 2 options. Option 1: Accept the new position based in the Plymouth office with the terms we presented; or Option 2: It may be in the best interests of both parties if we release you from [MAC’s] employment effective Friday, July 31, 2009. Please get back to me within 24 hours with your final decision and I hope we can continue the working relationship .... We sincerely hope you select option 1; however, should you select option 2, it has been a pleasure knowing and working with you. (Id.). The following day, July 22, 2009, Short emailed Rolison, Kwak, and Ha, stating that there was a “misunderstanding” because he “had already accepted the position.” (Doc. # 47 Ex. 3, Def.’s Ex. 56 at 1). He stated that he was still waiting on Ha to approve travel requests to Michigan for him to begin the relocation process. (Id.). Short further stated the following: I am attempting to accept the position, but I feel that [MAC] is not living up to the conditions set forth in [Robson’s July 9, 2009] email, or I would already be involved in the transition to the Plymouth, Michigan office. In order to be perfectly clear, let me state that I am accepting option no. 1 of your email dated 7/21/09 ...: the position in Plymouth, Michigan with the terms you have presented.... Please be aware that it appears that you have misunderstood my requests in my email dated 7/25/09. You called them “demands” but I am simply attempting to communicate my needs. This will be my second move on behalf of MAC in one year. As mentioned above, I cannot afford another home or apartment at this time; therefore, I was requesting additional relocation assistance to minimize my financial loss. Also, I need some assurance that I will not sell my home in Tennessee and move to Michigan, only to be terminated and left in that location.-. For this reason, I made the statement that I need a three-year contract of employment, not that I demand a contract.... I am requesting some assurance that I will be able to count on the ability to support my family and myself. (Id.). That same day, Short signed his charge of discrimination for the Equal Employment Opportunity Commission (“EEOC”) although he did not file it until July 30, 2009. Short also states that he told Rolison that he believed Kwak “was trying to force [him] out” of MAC and “would have [Rolison] fire” him. (Doc. # 45 Ex. 3, Short Dep. 189:17-19). Short also states that he spoke to Rolison and others about his filing of an EEOC charge. (Id. 212:3-213:19). On July 24, 2009, after Short again emailed Ha regarding the travel requests for Michigan, Ha approved his request to travel to Michigan the following week for “house hunting” purposes. (Doc. # 47 Ex. 3, Def.’s Ex. 57, 59). However, on July 30, 2009, Rolison emailed Short and told him that, “[thereafter, all temporary and permanent living arrangements in Michigan will be at [his] expense.” (Doc. # 47 Ex. 3, Def.’s Ex. 60 at 1). He reiterated that Short would receive a $10,000 payment to assist with these and other miscellaneous moving expenses and that MAC would pay to move his belongings from Tennessee to Michigan. (Id.). Rolison also expressed his pleasure that Short “accepted the position in Michigan.” (Id.). He further stated that, because D’Epifanio’s employment had already been terminated, it was “critical that [Short] transition into [his] new position immediately” and requested that Short begin to operate out of the Michigan offices by August 13, 2009. (Id.). The following day, on July 31, 2009, Short responded to Rolison, Ha, and Kwak stating that he could not understand why MAC’s proposals “keep changing.” (Doc. #47 Ex. 3, Def.’s Ex. 61 at 1). He believed that MAC had changed the permanent relocation date of September 14, 2009 to August 13, 2009. He also stated that the July 9, 2009 email indicated that MAC “would absorb the business expenses of any approved travel requirements” until September 14, 2009, but that MAC is now “expecting [him] to cover all expenses.” (Id.). He further stated that the time frame for the approved travel did not give him enough time to get up to speed with his new position and house hunt. (Id.). Short again reiterated that he “cannot afford to pay, rent, or buy a home until [his] Tennessee home sells and closes” and that the $10,000 relocation payment “will only cover a small portion of the costs for relocation.” (Id.). Short concluded by stating that he was “ready and willing to work in Michigan” but that he needed “fair and consistent direction in order to make this transition.” (Id.) (emphasis in original). F. Short’s Employment with MAC Ends According to Kwak, “it was evident to [him] that ... Short was not agreeable to the relocation package that [he] had offered.” (Doc. # 45 Ex. 1, Kwak Aff. ¶ 59). After receiving Short’s emails on July 30 and 31, 2009, Kwak “concluded that he was not willing to accept [MAC’s] offer of continued employment and instructed ... Rolison to advise him that his employment had ended.” (Id.). On August 3, 2009, Rolison informed Short via telephone that his employment had been terminated, effective July 31, 2009. (Doc. #45 Ex. 2, Rolison Aff. ¶ 53). Rolison reiterated this decision in an email to Short on August 7, 2009, in which he stated that the parties “were unsuccessful in reaching a mutually acceptable relocation package.” (Doc. #47 Ex. 3, Def.’s Ex. 64 at 1). After Short left MAC, he was replaced as Director of Customer Service and Warranty by Will Trent (“Trent”), who is a white male of American national origin. II. Procedural History Short filed the instant action on April 22, 2010 alleging discrimination based on age, race, and national origin as well as retaliation and several state law torts. (Doc. # 1). Specifically, the Complaint alleges seven Counts as follows: Count 1: Age discrimination in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq.; Count 2: Age discrimination and harassment in violation of the Aabama Age Discrimination in Employment Act (“AADEA”), as amended, Ma.Code §§ 25-1-20 et seq. (1975); Count 3: Racial discrimination and harassment under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e et seq., as well as 42 U.S.C. § 1981; Count 4: Discrimination based on national origin in violation of Title VII and § 1981; Count 5: Retaliation, apparently in violation of the ADEA, Title VII, and § 1981; Count 6: Intentional infliction of emotional distress in violation of Aabama law; and Count 7: Negligent and wanton hiring, training, supervision, and retention in violation of Aabama law. (Doc. # 1, at 5-13). At all times relevant to this action, MAC was an “employer” within the meaning of the ADEA, Title VII, and § 1981. In the pre-trial hearing held on July 22, 2009, counsel for Short conceded and abandoned the claims of age discrimination, harassment, and retaliation, racial harassment, and unequal pay. Thus, the remaining claims are for race discrimination, national origin discrimination, retaliation under Title VII and § 1981, and the state-law torts. On April 22, 2009, MAC moved for summary judgment, arguing that it is entitled to judgment as a matter of law on all of Short’s claims. (Doc. # 43). In response, Short filed a motion for a protective order and a motion to strike the summary judgment motion on May 2, 2011, arguing that MAC failed to properly plead an affirmative defense and failed to properly turn over evidence during discovery. (Doc. # 49). Short also moved to strike Kwak’s affidavit and Rolison’s affidavit, (Docs. # 63, 64), on June 16, 2011. MAC moved to strike portions of Short’s evidentiary submission on May 25, 2011. (Doc. # 59). Ml of these motions are currently pending before this Court. THE MOTIONS TO STRIKE I. The Motion for a Protective Order and to Strike MAC’s Summary Judgment Motion (Doc. # 49). Short urges this Court to strike MAC’s entire summary judgment motion because MAC failed to properly produce evidence during discovery pursuant to Rule 26 of the Federal Rules of Civil Procedure and has failed to properly plead an affirmative defense. (Doc. # 49). Both of these claims stem from MAC’s assertion that a treaty between the United States and Korea permits countries of each nation to employ “executive personnel”, “technical experts”, and “other specialists” of their own choice in the other country. Treaty of Friendship, Commerce, & Navigation, U.S.-Korea, Art. VIII, Nov. 7, 1957, 8 U.S.T. 2217 (the “FCN Treaty”). In the alternative, Short seeks to strike the documents and argument relying on this new defense. (Doc. # 49, at 2). A. Short has Not Established that MAC was Required to Produce the FCN Treaty During Discovery Under Rule 26 of the Federal Rules of Civil Procedure, parties must, without awaiting a discovery request, provide “a copy — or a description by category and location — of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.” Fed.R.Civ.P. 26(a)(1)(A)(ii). A party must supplement such disclosures “in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.” Id. 26(e)(1)(A). Thus, Short apparently argues that the FCN Treaty is such a “document” that has not been properly disclosed under Rule 26(a). (Doc. #49, at 2-3). However, Short has failed to provide any legal precedent for the notion that a treaty — which is the “[sjupreme [l]aw of the [l]and”, U.S. Const., art. VI, cl. 2 — is evidence that must be disclosed under Rule 26(a). Indeed, as MAC points out, requiring disclosure of law such as a treaty would subject “every court decision, legislative act, and regulation supporting a litigant’s position” to discovery. (Doc. # 52, at 5). See, e.g., Keogh v. Pearson, 35 F.R.D. 20, 23 (D.D.C.1964) (holding that defendant was not required to turn over newspaper columns that were not “under the exclusive control of defendant” but were “readily available” to both parties because the plaintiff “cannot expect defendant to do his work for him”). Additionally, this Court is satisfied that MAC was not required to disclose the existence of the FCN Treaty under the interrogatories identified by Short in his motion to strike. As such, this Court finds that Short has failed to establish that MAC was required to disclose the existence of the FCN Treaty during discovery. B. The FCN Treaty is Not an Affirmative Defense Rule 8(c) of the Federal Rules of Civil Procedure requires a party, when responding to a pleading, to “affirmatively state any avoidance or affirmative defense.” Fed.R.Civ.P. 8(c). Rule 8(c) is designed to “guarantee that the opposing party has notice of any additional issue that may be raised at trial so that he or she is prepared to properly litigate it.” Hassan v. U.S. Postal Serv., 842 F.2d 260, 263 (11th Cir.1988). Thus, “[fjailure to plead an affirmative defense generally results in a waiver of that defense.” Latimer v. Roaring Toyz, Inc., 601 F.3d 1224, 1239 (11th Cir.2010). As the Eleventh Circuit has explained: An affirmative defense has been described as “any matter that does not tend to controvert the opposing party’s prima facie case as determined by the applicable substantive law.” 2A J. Moore, Moore’s Federal Practice ¶ 8.27[3] (2d ed.1985). In determining whether a particular argument is an affirmative defense, courts consider “the logical relationship between the defense and the cause of action,” and the likelihood that the plaintiff will be unfairly surprised if the defense does not appear in the pleadings: Ingraham v. United States, 808 F.2d 1075, 1079 (5th Cir. 1987). Hassan, 842 F.2d at 263. Therefore, this Court must examine the relationship between the FCN Treaty and Short’s prima facie case for national origin discrimination under Title VII. A prima facie case of national origin discrimination may be proved by direct or circumstantial evidence. Burns v. Gadsden State Cmty. Coll., 908 F.2d 1512, 1518 (11th Cir.1990); accord McCollum v. Amtren, Inc., No. 2:05-cv-1237-WKW, 2007 WL 896270, at *7, 2007 U.S. Dist. LEXIS 21011, at * (M.D.Ala. Mar. 22, 2007) (Watkins, J.). Direct evidence of discrimination is “evidence, which if believed, proves [the] existence of [a] fact in issue without inference or presumption.” Wilson v. B/E Aerospace, Inc., 376 F.3d 1079, 1086 (11th Cir.1999) (quoting Burrell v. Bd. of Trs. of Ga. Military Coll., 125 F.3d 1390, 1393 (11th Cir.1997)). A plaintiff who wishes to rely upon circumstantial evidence to support a claim of national origin discrimination must fulfill the three-step, burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under this approach, the plaintiff must first establish that “(1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action; and (4) he was replaced by a person outside of his protected class or was treated less favorably than a similarly-situated individual outside his protected class.” Maynard v. Bd. of Regents of the Div. of Univ. of Fla. Dep’t of Educ., 342 F.3d 1281, 1289 (11th Cir.2003). Once a plaintiff establishes a prima facie case of discrimination, a presumption of discrimination arises and the burden shifts to the defendant to rebut the presumption by “articulating] a legitimate, nondiscriminatory reason for the challenged employment action.” Chapman v. AI Transp., 229 F.3d 1012, 1024 (11th Cir.2000). If the defendant does so, then the presumption of discrimination is eliminated, and the “plaintiff then bears the ultimate burden of proving [the legitimate reasons] to be pretext for ... discrimination.” Damon v. Fleming Supermarkets of Fla., Inc., 196 F.3d 1354, 1361 (11th Cir.1999); see also McDonnell Douglas, 411 U.S. at 805, 93 S.Ct. 1817 (“[A Title VII plaintiff] must be given a full fair opportunity to demonstrate by competent evidence that the presumptively valid reasons for [the adverse employment action] were in fact a coverup for a ... discriminatory decision.”). The defendant bears only the burden of production, not the burden of persuasion, in rebutting the presumption of discrimination. Chapman, 229 F.3d at 1028. While Title VII prohibits discrimination on the basis of national origin, the FCN Treaty “permits discrimination on the basis of citizenship.” Fortino v. Quasar Co., 950 F.2d 389, 391 (7th Cir. 1991) (considering a Treaty of Friendship, Commerce and Navigation between the United States and Japan which “entitles companies of each nation to employ executives of their own choice in the other one”); see also MacNamara v. Korean Air Lines, 868 F.2d 1135, 1146 (3d Cir.1988) (considering the FCN Treaty between the United States and Korea and holding that the treaty was “intended to ... entitle a foreign business to favor personnel and prospective personnel on the basis of citizenship”); Bennett v. Total Minatome Corp., 138 F.3d 1053, 1059 (5th Cir.1998) (“Courts have interpreted these provisions as granting businesses operating in the United States the right to discriminate in favor of citizens of their home countries because of their citizenship.”). When seeking to prove his discrimination claims, Short bears the ultimate burden of persuading the factfinder that MAC intentionally discriminated against him because of his national origin. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (“The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.”) (emphasis added). In other words, if the FCN Treaty is applicable, it would be used to controvert Short’s prima facie case of national origin discrimination — i.e. that the discrimination, if any, was based on the permissible criterium of citizenship and not the impermissible criterium of national origin. As such, it is not an affirmative defense that must be pled in MAC’S answer under Rule 8(c). For the foregoing reasons, Short’s motion for a protective order and motion to strike MAC’S motion for summary judgment, (Doc. # 49), is due to be DENIED. II. The Motion to Strike Evidentiary Materials (Docs.# 59, 63, 64) Both parties have filed motions to strike various portions of the evidentiary submissions. First, MAC filed a motion to strike all or part of Short’s declaration because it was “untimely filed; contradicts his prior sworn testimony; contains hearsay, conclusory allegations, speculation, and conjecture that lack foundation; and contains other irrelevant and immaterial statements.” (Doc. # 59, at 1-2). Short has also filed a motion to strike Rolison’s affidavit because it conflicts with prior sworn deposition testimony, is “riddled with inadmissible hearsay, legal opinions and references to documents neither produced nor authenticated, is “not based on ... Rolison’s personal knowledge, but on subjective belief.” (Doc. # 63, at 1). Short’s second motion seeks to strike Kwak’s affidavit on the same grounds. (Doc. # 64, at 1). Given that the challenged declarations and affidavits were submitted in support of and in opposition to motions for summary judgment, they must comply with the requirements of Rule 56(c)(4) of the Federal Rules of Civil Procedure. Rule 56(c)(4) states that affidavits or declarations “used to support or oppose a motion [for summary judgment] must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the ... declarant is competent to testify on the matters stated.” Fed.R.Civ.P. 56(c). The requirements of Rule 56 make it plain that declarations and affidavits which set forth conclusory arguments rather than statements of fact based on personal knowledge are improper. See, e.g., Thomas v. Ala. Council on Human Relations, Inc., 248 F.Supp.2d 1105, 1112 (M.D.Ala. 2003) (Fuller, J.); Story v. Sunshine Foliage World, Inc., 120 F.Supp.2d 1027, 1030 (M.D.Fla.2000); accord Leigh v. Warner Bros., Inc., 212 F.3d 1210, 1217 (11th Cir.2000). Additionally, Rule 56(c)(4) makes clear that the facts set forth in a declaration must be those that would be admissible in evidence — i.e. those that can be reduced to an admissible form. See Macuba v. Deboer, 193 F.3d 1316, 1324-25 (11th Cir.1999). Sworn statements which fail to meet the standards set forth in Rule 56(c)(4) may be subject to a motion to strike. See, e.g., Thomas, 248 F.Supp.2d at 1112; Givhan v. Elec. Eng’rs, Inc., 4 F.Supp.2d 1331, 1334 (M.D.Ala.1998). However, a court need not strike an entire affidavit or declaration, rather it may strike or disregard the improper portions and consider the remainder of the testimony or statement. Givhan, 4 F.Supp.2d at 1334 n. 2. This Court will exercise its discretion to disregard any improper portions of the challenged affidavits or declaration. Accordingly, the aforementioned motions, (Docs.# 59, 63, 64), are due to be DENIED as MOOT. SUMMARY JUDGMENT STANDARD Under Federal Rule of Civil Procedure 56, summary judgment is appropriate “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.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Fed. R. Civ. Pro. 56(a). The party asking for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the non-moving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23, 106 S.Ct. 2548; see also Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115-16 (11th Cir.1993) (“For issues, however, on which the non-movant would bear the burden of proof at trial, ... ‘[t]he moving party may simply show[ ] — that is, point[ ] out to the district court — that there is an absence of evidence to support the non-moving party’s case.’ ”) (quoting United States v. Four Parcels of Real Prop., 941 F.2d 1428, 1437-38 (11th Cir.1991)). Once the moving party has met its burden, the non-movant must “go beyond the pleadings” and show that there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. 2548; see also Fed. R. Civ. Pro. 56(c)(1) (“A party asserting that a fact cannot be or is genuinely disputed must support the assertion by (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.”). To avoid summary judgment, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts. ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis added). A plaintiff must present evidence demonstrating that he can establish the basic elements of his claim. Celotex, 477 U.S. at 322, 106 S.Ct. 2548. A court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the non-moving party’s favor. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a). DISCUSSION I. The Federal Claims Short alleges race discrimination in violation of Title VII and § 1981, national origin discrimination in violation of Title VII and § 1981, and retaliation in violation of Title VII and § 1981. These claims relate to three alleged adverse employment actions: (1) Short’s demotion in December of 2008 from the Quality Director position; (2) his demotion and transfer in June of 2009; and (3) the termination of his employment in August of 2009. Thus, this Court will consider each employment action in turn. A. The Demotion in December of 2008 from Quality Director to Director of Customer Service and Warranty i. Title VII: Race and National Origin Discrimination Title VII prohibits an employer from discriminating “against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race ... or national origin.” 42 U.S.C. § 2000e-2(a)(1). MAC contends that Short’s Title VII claims regarding his demotion in December of 2008 are barred by his failure to file a timely charge with the EEOC. (Doc. # 44, at 36, 44-45). Under Title VII, a plaintiff in a non-deferral state, such as Alabama, must file an EEOC charge within 180 days of when an alleged unlawful employment practice occurred. See 42 U.S.C. § 2000e-5(e)(1); Little v. Peach Cnty. Sch. Dist., No., 2009 WL 198003, at *4 n. 1, 2009 U.S. Dist. LEXIS 5443, at *11-12 n. 1 (explaining that a non-deferral state is one that does not have entities with the authority to grant or seek relief with respect to unlawful employment practices); see also Ledbetter v. Goodyear Tire and Rubber Co., 421 F.3d 1169, 1178 (11th Cir.2005) (explaining that Alabama is a non-deferral state). “[I]f a plaintiff fails to file an EEOC charge before the 180-day limitations period, the plaintiffs subsequent lawsuit is barred and must be dismissed for failure to exhaust administrative remedies.” Thomas, 248 F.Supp.2d at 1115 (citing Brewer v. Alabama, 111 F.Supp.2d 1197, 1204 (M.D.Ala.2000)). Short concedes that he did not file an EEOC charge for this adverse employment action within 180 days of his demotion in December of 2008. (Doc. # 55, at 22 n. 6). As such, the motion for summary judgment, (Doc. # 43), is due to be granted with respect to the Title VII claims stemming from Short’s demotion in December of 2008. ii. Section 1981: Race and National Origin Discrimination Section 1981 makes it unlawful to discriminate on the basis of race in the making and enforcing of contracts. 42 U.S.C. § 1981(a). The phrase “make and enforce contracts” includes “the making, performance, modification, and termination of contracts, and the enjoyment of all the benefits, privileges, terms, and conditions of the contractual relationship.” Id. § 1981(b). Here, Short appears to contend that, because race discrimination is often so closely related to national origin discrimination, then § 1981 encompasses separate and distinct national origin discrimination claims so long as they are brought with race discrimination claims. (Doc. # 55, at 22 n. 6 (“Short has alleged both race and national origin discrimination under 12 U.S.C. § 1981 .... [T]he § 1981 statute of limitations and procedural framework applies to Short’s claims of race and national origin discrimination.”) (emphasis added)). Thus, this Court must first determine whether a separate and distinct national origin claim exists under § 1981. a. National Origin Discrimination Under § 1981 Section 1981’s protections do not extend to discrimination claims based “solely on the place or nation ... of origin.” Saint Francis College v. Al-Khazraji 481 U.S. 604, 613, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987). However, “[i]n some contexts, ‘national origin’ discrimination is so closely related to racial discrimination as to be indistinguishable.’ ” Bullard, 640 F.2d at 634; see also Alvarado v. El Paso Indep. Sch. Dist., 445 F.2d 1011 (5th Cir. 1971) (holding that a complaint by Mexiean-Americans alleging racial and ethnic discrimination, “clearly states a cause of action” under § 1981). In Bullard, the plaintiffs brought suit pursuant to only § 1981, and the district court granted summary judgment to the defendants on the grounds that the plaintiffs had only pled a national origin discrimination claim not recognized under that statute. 640 F.2d at 633. On appeal, the Fifth Circuit reversed and held that the plaintiffs complaint did indeed assert claims for race discrimination cognizable under § 1981. Id. at 634 (“[Pjlaintiffs do not charge only discrimination based on national origin. In a separate paragraph of their complaint, they allege that they were discharged because of their race and their affidavits support a charge of racial discrimination equally as well as one of discrimination because of national origin.”). While Fifth Circuit noted in dicta that racial discrimination and national origin discrimination can be so closely related as to be nearly indistinguishable, it did not hold that there was a separate and distinct cause of action under § 1981 for national origin discrimination. Id. Rather, evidence of national origin discrimination may be highly relevant to whether or not racial discrimination in violation of § 1981 occurred. See Sinai v. New England Tel. and Tel. Co., 3 F.3d 471, 474-75 (1st Cir.2003) (upholding a jury finding of racial discrimination — Jewish / Hebrew — under § 1981 despite defendants objections that the only evidence of discrimination was disparaging remarks about the plaintiffs national origin — Israeli — because “national origin could be used, together with other evidence, to arrive at a conclusion vis-a-vis race discrimination”); Arambwru v. Boeing Co., 112 F.3d 1398, 1411 (10th Cir.1997) (holding that the plaintiffs “claim of discrimination based on his Mexican-American ancestry ... fall[s] within § 1981’s protection against racial discrimination”) (emphasis added). Thus, to the extent that Plaintiff seeks to assert a separate and distinct national origin claim under § 1981, MAC’s motion for summary jud