Mildred A. Barringer, Plaintiff-appellant, v. at & T Technologies, Inc., Defendant-appellee, 902 F.2d 27 (4th Cir. 1990)

Mildred Barringer instituted this action pursuant to 42 U.S.C. § 1981^*  and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. Barringer, who is black, claimed that she was handicapped but that she was not transferred to a position which she could perform, while white employees with similar disabilities were so accommodated. Further, she alleged that she was discriminated against because of race when she was terminated from employment. Following trial, the district court found that there had been no violation of Title VII.

Having carefully reviewed the record, we are convinced that the decision was not clearly erroneous. As the district court found, there was no convincing evidence presented at trial that white employees who were similarly situated were treated differently than Barringer. This is fatal to Barringer's attempt to prove that defendant's actions were motivated by her race. See Moore v. City of Charlotte, 754 F.2d 1100, 1104 (4th Cir.), cert. denied, 472 U.S. 1021 (1985).

We dispense with oral argument because the facts and applicable law are adequately presented in the materials before the Court, and oral argument would not significantly aid the decisional process.

AFFIRMED