Laury v. MS Dept of Rehabilitation Svc

Case: 22-60407 Document: 00516724685 Page: 1 Date Filed: 04/25/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
April 25, 2023
No. 22-60407 Lyle W. Cayce
____________ Clerk
Melody Laury,
Plaintiff—Appellant,
versus
Mississippi Department of Rehabilitation Services,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:21-CV-712
______________________________
Before Elrod, Ho, and Wilson, Circuit Judges.
Per Curiam: *
Plaintiff Melody Laury brought suit against her employer, Defendant
Mississippi Department of Rehabilitation Services, alleging that she was paid
less than a coworker because of her race. Defendant moved for summary
judgment. Applying the familiar burden-shifting framework from McDonnell
Douglas Corp. v. Green, 411 U.S. 792 (1973), the district court first determined
that Laury established a prima facie case of race discrimination. The district
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60407 Document: 00516724685 Page: 2 Date Filed: 04/25/2023
No. 22-60407
court then determined that Defendant proffered legitimate,
nondiscriminatory reasons for the pay disparity. Finally, the district court
determined that Laury failed to present any evidence whatsoever suggesting
that Defendant’s reasons were pretextual. The district court granted
summary judgment in Defendant’s favor. Laury’s only argument on appeal
is that she did not bear the burden of proof as to pretext at summary
judgment. That argument is clearly foreclosed by both Supreme Court and
circuit precedent. See, e.g., Raytheon Co. v. Hernandez, 540 U.S. 44, 49 n.3
(2003); Alvarado v. Texas Rangers, 492 F.3d 605, 611 (5th Cir. 2007). See also
Gray v. Mississippi Dep’t of Rehab. Servs., 2023 WL 119636 (5th Cir. 2023).
Accordingly, we affirm.
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