IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 98-51021
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DESIREE D’ORSOGNA,
Plaintiff-Appellant,
VERSUS
TEXAS DEPARTMENT OF HEALTH
and
SAN ANTONIO CHEST HOSPITAL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
(SA-97-CV-440)
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November 3, 1999
Before GARWOOD, SMITH, and reorganization within the company. Because
BENAVIDES, Circuit Judges. of the absence of discrimination, we need not
address whether the actions taken amount to
PER CURIAM:* an adverse employment action.
Desiree D’Orsogna appeals an adverse D’Orsogna also has failed to produce
summary judgment in her suit claiming sex evidence that any actions taken at the
discrimination and retaliation under the Texas workplace were a result of, or in retaliation
Labor Code. Specifically, she claims she was for, her exercise of rights under the
demoted from her former position of sole employment discrimination laws. She has
supervisorial authority to a co-directorship failed to establish the causal connection
with a male co-director. necessary for recovery.
There is no error. D’Orsogna produced no AFFIRMED.
evidence suggesting sex-based animus in the
actions taken by her employer. Without
animus or other discriminatory intent based on
a proscribed ground, such or sex or race, a
plaintiff cannot succeed. Here, the changes
made were the result of a legitimate
* Pursuant to 5TH CIR. R. 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determined that this opinion should not be published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. R. 47.5.4.