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21-14157•Dawn Weiher v. Lincare Procurement, Inc.
21-14157Court of Appeals for the Eleventh CircuitFeb 28, 2023
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-14157
____________________
DAWN WEIHER,
Plaintiff-Appellant,
versus
LINCARE PROCUREMENT, INC.,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cv-02569-VMC-AEP
____________________
USCA11 Case: 21-14157 Document: 45-1 Date Filed: 02/28/2023 Page: 1 of 2
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2 Opinion of the Court 21-14157
Before WILSON, J ORDAN, and BRASHER , Circuit Judges.
PER CURIAM:
Dawn Weiher filed a two-count complaint against Lincare
Procurement, Inc. (Lincare), her former employer, alleging dis-
crimination and retaliation under the Americans with Disabilities
Act (ADA). The district court granted summary judgment to Lin-
care on both counts, applying the
McDonnell-Douglas1 burden-
shifting framework to review her attempt to prove intentional dis-
crimination through circumstantial evidence. After careful review
of the briefs and the record, and with the benefit of oral argument,
we agree with the district court that Weiher failed to identify suffi-
cient evidence in the record for a reasonable jury to find that Lin-
care’s proffered, non-discriminatory reasons for the adverse em-
ployment actions she complains of were false or pretextual. And
we agree that the record lacks a “convincing mosaic”2 of discrimi-
nation. Accordingly, we affirm the district court’s well-reasoned
decision.
AFFIRMED.
1
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
2
See Jenkins v. Nell, 26 F.4th 1243, 1250 (11th Cir. 2022).
USCA11 Case: 21-14157 Document: 45-1 Date Filed: 02/28/2023 Page: 2 of 2
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