Przybylski v. US Elevator Corp ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11306
ROBERT W. PRZYBYLSKI,
Plaintiff-Appellant,
v.
UNITED STATES ELEVATOR CORPORATION,
Defendant-Appellee.
_______________________________
Appeal from the United States District Court
for the Northern District of Texas
(3:97-CV-1667-P)
_______________________________
November 2, 1999
Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant Robert W. Przybylski (“Przybylski”) appeals from
the district court’s ruling granting appellee United States
Elevator Corporation (“U.S. Elevator”) summary judgment.
Specifically, Przybylski contends that the district court erred
in holding that he had failed to state a prima facie case for age
discrimination under the Texas Commission on Human Rights Act,
Tex. Lab. Code Ann. § 21.051.
We have considered the parties’ arguments and the record,
*
Pursuant to 5th Cir. Rule 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that this opinion should not be published and is not precedent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. Rule
47.5.4.
and we agree with the district court that Przybylski’s claim can
be resolved as a matter of law. Przybylski’s claim based on his
transfer fails because under the undisputed facts with respect to
such transfer, the same did not constitute an adverse employment
action. We therefore affirm, essentially for the same reasons as
enunciated by the district court in its opinion issued on October
9, 1998.
To the extent that Przybylski’s claim complains of his
subsequent dismissal, Przybylski offered no evidence to raise a
fact issue with respect to the legitimate, non-discriminatory
reasons for his firing advanced by U.S. Elevator.
AFFIRMED
2