Texas Supreme Court narrowly reads discrimination law in employer’s favor

The Texas Supreme Court recently looked at how individuals can prove discrimination claims. Two key issues: What does it mean for one person to “replace” another, and does mentioning retirement to an employee assist in establishing age discrimination? For answers, sort of, read on.

It was a good run while it lasted

This is an apt description of Loretta Flores’ career at Texas Tech University Health Services Center in El Paso. Starting in 1993 as a “rep admin,” she worked her way up to be a director in charge of university operations in the office of the school’s dean.

But, yes, all good things come to an end, and in 2013 the university upgraded the school to a stand-alone institution with its own president. The incumbent dean, to whom Flores reported, was essentially transferred to a position as provost, and a new person, Dr. Richard Lange, received the appointment to the new position of president.

Lange assumed his job in July 2014. A new broom sweeps clean, so to speak, and he eliminated the position held by Flores, shifted her to be the provost’s assistant, and appointed incumbent employee Vanessa Solis as his administrative assistant, which was a new position. The switches occurred in March 2015. (Coincidentally, Flores had hired Solis a few years earlier. Now that had to smart!)

Flores sued for age discrimination under the Texas Commission on Human Rights Act (TCHRA). The state supreme court found she failed to establish a claim and tossed her case.

Did the younger Solis replace the older Flores?