We conclude that Vallejo met his initial burden of establishing a prima facie case of age discrimination. The only evidence offered, TVC’s evidence, showed that Vallejo, age sixty, was replaced by someone who—although at fifty-one within the protected class—was “substantially younger.” See Agoh, 992 F.Supp.2d at 740. TVC did not present evidence negating these facts. See Mendoza, 441 S.W.3d at 343. TVC also did not dispute that Vallejo was qualified for his position. See Garcia, 372 S.W.3d at 642. Because Vallejo established a prima facie case of age discrimination, TVC waived its immunity to suit as to that claim and the trial court did not err by denying TVC’s plea to the jurisdiction as to Vallejo’s age discrimination claim.

Texas Veterans Commission v.
Armando Lazarin, Jose Vallejo
and Robert Muse, No. 13–15–00045–CV, 2016 WL 552117 (Tex. App. – Corpus Christi-Edinburg Feb. 11, 2016)