Summary Calendar NORMA LEE GARZA v. Texas Department of Health

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-40180
Summary Calendar
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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)
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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

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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.

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