*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: [*]
Sharon Bolton sued her employer, the City of Hattiesburg, for sex, race, *2 Case: 17-60474 Document: 00514233096 Page: 2 Date Filed: 11/10/2017
No. 17-60474
and age discrimination because of a promotion that was not offered to her. As explained in a succinct but comprehensive Memorandum Opinion and Order, the district court granted summary judgment for the city and dismissed.
We agree with the district court’s analysis. It recognized that although a plaintiff may be relieved of the requirement that she formally applied for a position, she still must show that she expressed interest in it. As the district court explained, “Because Plaintiff never applied to nor communicated any in- terest in the Crew Supervisor position to any of her superiors, she cannot show that she was qualified for the position she sought because she never sought the position” (citing cases). The court further reasoned that even if, arguendo , Bolton had established a prima facie case, the city offered a legitimate, non- discriminatory reason for its decision not to promote Bolton: the disciplinary actions that had been taken against her. And finally, as the court observed, any claim of race discrimination fails because the person who was promoted was of her race.
AFFIRMED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.