This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Plaintiff, a former employee of the Defendant, filed a complaint for employment discrimination. He alleged disparate pay and treatment based on race, claiming he was paid less than a coworker in 2013 and was treated differently from white coworkers in terms of work transportation provisions. Specifically, he argued that while his white coworkers were provided individual work trucks for distant work sites, he had previously had a work truck taken away and was denied a replacement, forcing him to walk nearly a mile carrying oil and gasoline to his work site.
Procedural History
- District Court of Eddy County, November 11, 2020: The district court granted summary judgment in favor of the Defendant, dismissing the Plaintiff's complaint for employment discrimination.
Parties' Submissions
- Plaintiff: Argued that there was a genuine dispute of material fact regarding disparate pay and treatment. He claimed to have been informed that he was paid less than a coworker in 2013 and provided evidence of being treated differently from white coworkers in terms of transportation to work sites.
- Defendant: Supported the district court's decision, arguing that the Plaintiff failed to present evidence in an admissible form regarding the pay disparity claim and that the Plaintiff did not demonstrate he was similarly situated to the white coworkers he referenced, nor did he show a significant change in employment conditions that would constitute an adverse employment action.
Legal Issues
- Whether the Plaintiff established a genuine dispute of material fact regarding his claims of disparate pay and treatment sufficient to withstand summary judgment.
Disposition
- The New Mexico Court of Appeals affirmed the district court's order granting summary judgment in favor of the Defendant and dismissing the Plaintiff's complaint for employment discrimination.
Reasons
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Per Ives, J. (Attrep, J., and Yohalem, J., concurring): The Court found that the Plaintiff's evidence regarding the disparate pay claim, specifically a statement about being paid less than a coworker, was not presented in an admissible form and thus did not create a genuine dispute of material fact (paras 2-3). Regarding the disparate treatment claim, the Court agreed with the Defendant that the Plaintiff failed to show that the white coworkers referenced were similarly situated or that the change in transportation conditions constituted a significant change in employment status. The Court also found the Plaintiff's evidence regarding a retaliation claim insufficient in the absence of any demonstrated adverse employment action (paras 3-5). The Plaintiff did not present any new facts, law, or argument that persuaded the Court that the proposed disposition was erroneous, leading to the affirmation of the district court's decision (para 6).
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