Irma Moten v. Broward County Medical Examiner and Trauma Services

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-11414
Non-Argument Calendar
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D.C. Docket No. 0:10-cv-62398-JIC
IRMA MOTEN, \
Plaintiff - Appellant,
versus
BROWARD COUNTY MEDICAL EXAMINER
AND TRAUMA SERVICES,
llllllllllllllllllllllllllllllllllllllllDefendant - Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
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(November 5, 2012)
Before BARKETT, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
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Irma Moten, proceeding pro se, appeals from the district court’s grant of
summary judgment in favor of the Broward County Medical Examiner and Trauma
Services (Broward County) on her claims that Broward County violated Title VII,
42 U.S.C. § 2000e-2(a)(1), and the Florida Civil Rights Act, Fla. Stat. § 760.10.
Moten claims that Broward County intentionally discriminated against her based
upon her race by hiring Patrick Karr, a white male, for the same position she held
(Forensic Technician I) at a higher hourly wage. Moten argues that she presented
sufficient evidence to establish race-based pay discrimination requisite to defeat
summary judgment on her claims. We affirm.
Broward County set forth several legitimate nondiscriminatory reasons for
offering Karr the hourly wage that it did: (1) the office had a pressing need to fill
the vacancy; (2) it wished to offset some of Karr’s relocation costs with a higher
hourly wage; (3) Karr’s experience warranted a higher hourly wage; and (4) the
county official did not know Moten’s hourly wage when he offered Karr the same
position at a higher hourly wage.
Assuming Moten established a prima facie case of intentional racial
discrimination, she did not show that Broward County’s proffered reasons were
false and that racial discrimination was the true reason for hiring Karr at a higher
hourly wage. Accordingly, after a thorough review of the record and the briefs,
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we affirm the district court’s grant of summary judgment in favor of Broward
County.
AFFIRMED
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