Filed: Dec. 28, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-30598 Summary Calendar SARAH ARMSTRONG, Plaintiff-Appellant, VERSUS CATHOLIC CHARITIES ARCHDIOCESE OF NEW ORLEANS, formerly known as Associated Catholic Charities, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana (98-CV-1015-F) December 22, 1999 Before SMITH, BARKSDALE and PARKER, Circuit Judges. PER CURIAM:* Plaintiff Sarah Armstrong appeals the district court’s grant of summary jud
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-30598 Summary Calendar SARAH ARMSTRONG, Plaintiff-Appellant, VERSUS CATHOLIC CHARITIES ARCHDIOCESE OF NEW ORLEANS, formerly known as Associated Catholic Charities, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana (98-CV-1015-F) December 22, 1999 Before SMITH, BARKSDALE and PARKER, Circuit Judges. PER CURIAM:* Plaintiff Sarah Armstrong appeals the district court’s grant of summary judg..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30598
Summary Calendar
SARAH ARMSTRONG,
Plaintiff-Appellant,
VERSUS
CATHOLIC CHARITIES ARCHDIOCESE OF NEW ORLEANS,
formerly known as Associated Catholic Charities,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(98-CV-1015-F)
December 22, 1999
Before SMITH, BARKSDALE and PARKER, Circuit Judges.
PER CURIAM:*
Plaintiff Sarah Armstrong appeals the district court’s grant
of summary judgment for defendant Associated Catholic Charities
(“ACC”) in this Title VII employment discrimination case. We
affirm.
We review the grant of summary judgment de novo. See Armstrong
v. City of Dallas,
997 F.2d 62, 65 (5th Cir. 1993).
Armstrong, who is African-American was fired from her position
as a supervisor at the Kenner Adult Day Health Care Center, which
*
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this opinion should not be published and is not precedent except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.
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is an arm of ACC. Armstrong established a prima facie case of
discrimination. See McDonnell Douglas Corp. v. Green,
411 U.S.
792, 802 (1973). The burden therefore shifted to ACC, who
articulated a non-discriminatory reason for its decision, stating
that Armstrong was fired based on the report of two subordinates
that she directed a worker to withhold client care, using
disparaging language concerning the client. See
id. Armstrong
attempted to create a fact issue on the question of whether ACC’s
articulated reason was pretextual by introducing evidence
concerning a white employee who made a disparaging remark about a
client and was not fired. See
id. at 804. This evidence, standing
alone, does not create a fact question on pretext because the white
employee was not similarly situated; there is no evidence that the
white employee had supervisory responsibilities or that she
withheld care or instructed other employees to withhold care from
a client. See Krystek v. Univ. of S. Miss.,
164 F.3d 251, 257 (5th
Cir. 1999).
Finding no genuine issue of material fact in this record that
would preclude summary judgment for ACC, we affirm the grant of
summary judgment for essentially the reasons set out in the
district court’s opinion. See Armstrong v. Associated Catholic
Charities, 98-CV-1015-F, (E.D. LA. May 13, 1999)(unpublished).
AFFIRMED.
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