Barbara Hughes v. MCI/WORLDCOM, INC. On Appeal from the United States District Court for the District…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 01-1918
___________
BARBARA HUGHES,
Appellant
v.
MCI/WORLDCOM, INC.
___________
On Appeal from the United States District Court
for the District of New Jersey
District Court Judge: The Honorable Alfred M. Wolin
(Action No. 99-cv-04585)
___________
Submitted Under Third Circuit L.A.R. 34.1(a)
March 1, 2002
Before: ROTH, FUENTES, and KATZ, Circuit Judges
(Opinion Filed: March 26, 2002)
________________________
OPINION OF THE COURT
________________________ FUENTES, Circuit Judge:
Appellant Barbara Hughes ("Hughes") appeals the District Court’s grant of
summary judgment to her employer, Appellee MCI WorldCom ("WorldCom"), on
Hughes’s disparate treatment and equal pay claims. Hughes, an African-American woman
who is more than forty years old, alleged that her June 1999 demotion at WorldCom was
motivated by discriminatory animus and that she was being paid less than certain white
male WorldCom employees who held the same position that she did.
This case was properly removed to federal court, and we have jurisdiction over the
instant appeal pursuant to 28 U.S.C. 1291. The applicable standard of review is plenary.
See, e.g., Ersek v. Township of Springfield, 102 F.3d 79, 83 (3d Cir. 1996).
Upon reviewing the evidence adduced, the District Court determined that there
was no triable issue of fact in dispute as to whether WorldCom’s proffered rationales for
Hughes’s demotion and alleged comparatively lower pay were pretextual. It further
determined that Hughes’s claim of discrimination based upon national origin should be
dismissed, as it was not pursued in the course of arguing the motion.
After a careful review of the record and the parties’ arguments, we find no basis
for disturbing the District Court’s well-reasoned findings. We will therefore AFFIRM the
judgment for substantially the same reasons set forth in the District Court’s opinion.
TO THE CLERK OF THE COURT:

-- 1 of 2 --

Kindly file the foregoing Opinion.
/s/ Julio M. Fuentes
Circuit Judg

-- 2 of 2 --