Browning v. Southwest Research Institute

288 F. App'x 170
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 5, 2008
Docket07-50434
StatusUnpublished
Cited by13 cases

This text of 288 F. App'x 170 (Browning v. Southwest Research Institute) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Browning v. Southwest Research Institute, 288 F. App'x 170 (5th Cir. 2008).

Opinion

E. GRADY JOLLY, Circuit Judge: *

Lauren Browning appeals the summary judgment dismissal of her wage discrimination, failure to promote, retaliation, and constructive discharge claims based on Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and of her wage discrimination and retaliation claims based on the Equal Pay Act (“EPA”), 29 U.S.C. §§ 206(d), 215(a)(3). We AFFIRM.

I.

Lauren Browning was employed by the Southwest Research Institute (“the Institute”) from December 7, 1998, to May 21, 2004. She was initially hired as a one-year contract employee in the Institute’s Center for Nuclear Waste Regulatory Analyses. 1 This limited-term contract was extended in December 1999, and Browning was retained as a Research Scientist on a regular basis beginning October 14, 2000. 2 On *173 May 10, 2004, Browning resigned from her position with the Institute. Her resignation took effect on May 21.

It is undisputed that Browning was a productive and valuable employee. Her performance evaluations, the testimony of her supervisors, and her accomplishments while employed at the Institute reflect this fact. What is disputed is whether, despite her abilities, the Institute discriminated against Browning in the terms of her employment and retaliated against her in response to her complaints about such alleged discrimination. Browning alleges that the Institute discriminated against her because of her gender by paying her less than male employees with similar positions were paid, by failing to promote her, by retaliating against her because of her complaints about such discrimination, and by constructively discharging her.

The district court granted summary judgment in favor of the Institute as to each of these claims. 3 Browning now appeals. After stating the appropriate standard of review, we address her arguments, bringing additional specificity to the factual background of this case as required to address each claim.

II.

We review the district court’s grant of summary judgment de novo, applying the same legal standard as the district court. Rachid v. Jack in the Box, Inc., 376 F.3d 305, 308 (5th Cir.2004). Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The burden is on the moving party to show that “there is an absence of evidence to support the nonmoving party’s case.” Freeman v. Tex. Dep’t. of Crim. Justice, 369 F.3d 854, 860 (5th Cir.2004) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Once the moving party meets its initial burden, the nonmoving party “must ... set out specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e). The nonmoving party, however, “cannot satisfy this burden with eonelusory allegations, unsubstantiated assertions, or only a scintilla of evidence.” Freeman, 369 F.3d at 860 (citation omitted). Further, a fact is material only “if its resolution could affect the outcome of the action.” Wyatt v. Hunt Plywood Co., Inc., 297 F.3d 405, 409 (5th Cir.2002). We review all facts in the light most favorable to the non-moving party. Rachid, 376 F.3d at 308.

III.

Because Browning presents no direct and express evidence of unlawful discrimination, her claim is analyzed using the framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Wallace v. Methodist Hosp. Sys., 271 F.3d 212, 219 (5th Cir.2001). Under this framework, a plaintiff must first create a presumption of intentional discrimination by establishing a prima facie case. Id. The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason for its ac *174 tions. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). The burden on the employer at this stage “is one of production, not persuasion; it ‘can involve no credibility assessment.’ ” Id. (quoting St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 509, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)). If the employer sustains its burden, the prima facie case is dissolved, and the burden shifts back to the plaintiff to establish either: (1) that the employer’s proffered reason is not true but is instead a pretext for discrimination; or (2) that the employer’s reason, while true, is not the only reason for its conduct, and another “motivating factor” is the plaintiffs protected characteristic. Rachid, 376 F.3d at 312.

A.

Browning argues that the district court erred in granting summary judgment on her Title VII and EPA claims for wage discrimination.

Both Title VII and the EPA prohibit employers from discriminating in compensation based on sex. See 42 U.S.C. § 2000e-2(a)(l); 29 U.S.C. § 206(d)(1). Under both Title VII and the EPA, if a plaintiff establishes a prima facie case of wage discrimination, which for the sake of argument we will assume Browning has done, then the employer can respond with evidence that the disparate wage payments were made “pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.” 29 U.S.C. § 206(d)(1); Jones v. Flagship Intern., 793 F.2d 714, 723 n. 8 (5th Cir. 1986) (noting that Title VII incorporates the EPA’s four defenses to a wage discrimination claim).

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288 F. App'x 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-v-southwest-research-institute-ca5-2008.