drawn from the factual record in the light most favorable to the nonmoving party.
Matsushita Elec. Indus. Co. v. Zenith Radio
, 475 U.S. 574, 587 (1986);
, 504 F.3d at 508. Further, a court“may not make credibility determinations or weigh the evidence” in ruling on a motion for summary judgment.
Reeves v. Sanderson Plumbing Prods., Inc.
, 530 U.S. 133, 150 (2000);
, 477U.S. at 254–55.Once the moving party establishes that there are no factual issues, the burden shifts to thenonmoving party to produce evidence that a genuine issue of material fact exists for trial. Thenonmoving party must then “go beyond the pleadings,” and by affidavits or other competentsummary judgment evidence cite “specific facts” that show there is a genuine issue for trial.
, 477 U.S. at 324. But a district court may not grant a motion for summary judgment merely because it is unopposed.
Hibernia Nat’l Bank v. Administracion Cent. Sociedad Anonima
, 776 F.2d1277, 1279 (5th Cir. 1985).
Defendant Ranier moves for summary judgment on Garza’s claims. Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e–2(a), makes it unlawful for an employer to discriminateagainst an employee based on the individual’s race, color, religion, sex, or national origin. Intentionaldiscrimination can be proven by either direct or circumstantial evidence.
Russell v. McKinney Hosp.Venture
, 235 F.3d 219, 222 (5th Cir. 2000). The Court’s analysis, and the burdens at the summary judgment stage, differs when there is direct evidence of a discriminatory intent from when there isonly circumstantial evidence of discrimination. When the summary judgment record contains directThe analysis under Title VII and § 1981 are identical,
Raggs v. Mississippi Power & Light
, 278 F.3d 463, 468 (5th Cir. 2002), the only substantive differences between the two statutes being their respective statute of limitations and the requirement under Title VII that the employeeexhaust administrative remedies.
See Celestine v. Petroleos de Venezuella SA
, 266 F.3d 343, 351(5th Cir. 2001).3
Case 1:12-cv-00475-AWA Document 26 Filed 07/31/13 Page 3 of 11