Garza vs. Texas Dept of Health, (5th Cir. 2000)

Docket Number: 99-40180

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-40180

Summary Calendar

NORMA LEE GARZA

Plaintiff - Appellant,

V.

TEXAS DEPARTMENT OF HEALTH

Defendant - Appellee.

Appeal from the United States District Court for the

Southern District of Texas

(M-98-CV-6)

April 10, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:* Plaintiff, a Hispanic female, filed this Title VII action and complains that Defendant-Appellee Texas Department of Health ("TDH") discriminated against her in hiring an Anglo male. The district court granted summary judgment in favor of TDH. The district court held that, although Plaintiff did establish a prima facie case of discrimination, the Defendant offered legitimate, non-discriminatory reasons for the hiring of the Anglo male. The district court further held that Plaintiff failed to show either that the hiring process was discriminatory or that the reasons for the hire were pretextual.

After reviewing the record we agree with the district court that, although Plaintiff made out a prima facie case, the Defendant proffered non-discriminatory reasons for hiring the Anglo male. Plaintiff failed to produce evidence that refuted those reasons. We AFFIRM the district court's grant of summary judgment in favor of Defendant.

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.