Irma Moten v. Broward County Medical Examiner and Trauma Services, No. 12-11414 (11th Cir. 2012)

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Case: 12-11414 Date Filed: 11/05/2012 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-11414 Non-Argument Calendar ________________________ D.C.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 ________________________ (November 5, 2012) Before BARKETT, WILSON and PRYOR, Circuit Judges. PER CURIAM: Case: 12-11414 Date Filed: 11/05/2012 Page: 2 of 3 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, 2 Case: 12-11414 Date Filed: 11/05/2012 Page: 3 of 3 we affirm the district court s grant of summary judgment in favor of Broward County. AFFIRMED 3

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