Salter

MEMORANDUM **

Salter appeals from a summary judgment in favor of the United States Department of Veterans Affairs (VA). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In the summer of 2000, the VA announced an opening for a GS-12 social work coordinator position. Salter, an African-American female, applied for the position, but did not receive it. The VA ultimately awarded the job to a Caucasian female applicant, Martin. Salter alleges that the VA discriminated against her on the basis of race in making this hiring decision.

The VA contends that it hired Martin because she was an outstanding applicant. Under the familiar burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), the burden thus fell on Salter to demonstrate that the VA’s articulated reason for hiring Martin was a mere pretext for unlawful discrimination. Id. She has not met this burden. Salter argues only that Dr. O’Neill, the Chief of Staff in charge of hiring, failed to follow internal VA hiring procedures when he awarded the position to Martin. Salter makes no effort to explain why this alleged failure was racially motivated.…

concurring:

I concur in the result.