Summary
This memorandum opinion from the Texas Court of Appeals addresses an employment discrimination claim brought by a former sales manager against his employer under the Texas Commission on Human Rights Act. The trial jury found in favor of the employee, concluding that his termination was motivated by race and sex discrimination rather than an inappropriate comment about a subordinate's surgery. The appellate court reversed and rendered judgment for the employer, holding that the evidence was legally insufficient to support the jury's verdict because the proffered comparators were not similarly situated and the alleged discriminatory remarks were merely stray comments unrelated to the termination decision.
Topics
Practice areas
Questions Presented
- Whether the evidence was legally sufficient to show that Moss's race or sex was a motivating factor in his termination.
- Whether the breast‑photo comment was merely a pretext for discriminatory motive.
Holdings
- The court held that the evidence was legally insufficient to infer that race or sex was a motivating factor.
- The court held that the breast‑photo comment was not a pretext; the employer’s stated reason was legitimate and supported by the evidence.
Key quotations
“We reverse the trial court’s judgment and render judgment that Moss take nothing on his discrimination claims.”
Factual background
Moss, a white male salesman, was terminated after making a comment suggesting his black female subordinate, Tina, take before‑and‑after photographs of her breast‑reduction surgery. Moss alleged that the termination was motivated by his race and sex; the jury found for Moss and awarded damages.
Procedural history
The trial court entered judgment for Moss after a jury found that his termination was motivated by race and sex. SCI Funeral Services appealed.