McGee v. State of Louisiana

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 99-30728
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VERNIE A. MCGEE,
Plaintiff-Appellant,
VERSUS
STATE OF LOUISIANA,
THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT,
Defendant-Appellee.
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Appeal from the United States District Court
for the Middle District of Louisiana
6:95-CV-930
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March 29, 2000
Before DAVIS, CYNTHIA HOLCOMB
HALL,* and SMITH, Circuit Judges.
PER CURIAM:**
Vernie McGee sued his employer under
title VII. The district court held that McGee’s
claims were not timely filed with the Equal
Employment Opportunity Commission.
We have reviewed the briefs and pertinent
portions of the record and have heard oral
argument. We conclude that the charge
questionnaire was adequate to constitute filing
and to meet the 300-day requirement, but only
as to the second denial of promotion. This is
of no benefit to McGee, however, because, on
the merits of the claim, there is absolutely
nothing in the record to indicate that racial
animus or discrimination played any part in
McGee’s circumstance on the job.
We can affirm on any ground that appears
in the record. See Johnson v. Sawyer,
120 F.3d 1307, 1316 (5th Cir. 1997). McGee
presents no credible evidenceSSbeyond his
bare and unsupported assertionSSthat he was
denied promotion because of race, and
defendant has presented persuasive,
nondiscriminatory grounds for selecting two
other persons who were better qualified.
McGee does not respond with evidence or
argument of pretext.
* Circuit Judge of the Ninth Circuit, sitting by
designation.
** 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determined that this opinion should not be published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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AFFIRMED.

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