Plaintiff contends that she “was succeeded by one or more of three new male MEs and so was replaced by someone outside her protected class.” There is evidence that Defendant had “three temporary or agency MEs” but didn’t know if they were actually hired and was not sure of their race. Defendant argues that evidence this does not show that Plaintiff was replaced by a person outside the protected class. The Court finds that this uncertainty regarding whether or not Plaintiff was replaced by someone outside the protected class presents a genuine

Hardy v. Caterpillar Global Mining Equipment, WL 659150 (E.D. Tex.) February 18, 2016