“Mr. Obasogie claims that, when he asked his supervisor, Frank Baldwin, why he had not been promoted, Mr. Baldwin told him that he was ‘too old’ and that he was ‘not comfortable’ as Mr. Obasogie’s manager because Mr. Obasogie was ‘too much older than him…. The Court believes that the comments could constitute direct evidence of discrimination, if Mr. Baldwin did, in fact, make them.  If Mr. Obasogie’s account is true, no inference or presumption is required to prove discriminatory animus or motivation.…”

Obasogie v. Harris County Hospital District, CA No. 4:12-cv-3172, 2013 WL 69162446 at *5 (S.D. Tex. December 31, 2013) (Ellison, J.).