Texas appeals court doles out tough love: Conclusions aren’t evidence

No, this is not an article about the flurry of lawsuits filed over the 2020 presidential election returns. Rather, it deals with a December 7 decision from the federal appeals court covering Texas, which laid down the law to individuals making any discrimination claim: Come to the courts with solid evidence, not gauzy theories, ill-formed opinions, or speculative assertions. Yes, tough love, but the court gives employees as well as employers a road map on how to either build a case or tear one down.

Batter up!

Rosemary Salazar worked for the Lubbock County Hospital District for 27 years toiling away as a respiratory therapist and educator. She was terminated in 2017 for poor performance. Specifically, managers claimed they saw her struggle to communicate with coworkers, demonstrate disorganization in the performance of her tasks, generate confusion and inefficiency, and sow frustration among her colleagues.

Salazar sued, claiming age discrimination. The courts said, “Where is your evidence?”

Strike one: self-serving statements about her performance

Salazar said she received numerous raises right up until her termination. Therefore, the reason for her discharge—poor performance—had to be a pretext or disguise for age discrimination.