“[A]fter the Plaintiff was hired and before she was fired, Wade made an allegation of race discrimination.  Abadilla (age 61 at the time Plaintiff was discharged) was herself implicated in the Wade situation…. [T]hese changed circumstances, primarily Wade’s allegation of race discrimination, render the ‘same actor’ inference inapplicable.”

Bautista v. Quest Diagnostics Clinical Laboratories, Inc

“Plaintiff has presented strong evidence that raises a genuine issue of material fact regarding whether [Defendant]’s assertion that [Plaintiff] discriminated against Wade on the basis of [employee]’s race is false.  [Another employee], Director of Human Resources, testified in her deposition that she did not believe that Plaintiff was a racist and that she thinks Plaintiff

“Although Defendant suggests that the remote temporal proximity of the African American hire and Plaintiff’s termination indicate no relation between the two events, such is an inference more properly drawn by the trier of fact.  Thus, Plaintiff has established a prima facie case of disparate treatment, causing the burden to shift to Defendant to assert

“[Plaintiff’s manager] commented that Plaintiff should relocate to the Hammon property because ‘she is black and the residents are black’ … the Fifth Circuit set forth the criteria for direct evidence of discrimination…. [and] the comments cited by Plaintiff meet the criteria.”

Zeno v. Livingston Management, Inc., 2013 WL 4520532 at *2-3 (M.D. La.

“Plaintiff provided her own testimony and the testimony of a coworker concerning English only requirement, increased workload, and the mocking of plaintiff.  Supervisor also testified that she may have had the English only rule.”

Garcia v. Garland Ind. Sch. Dist., No 3:11-cv-502-N-BK, 2013 WL 5299264 at *5 (N.D. Tex Sept. 20, 2013) (Godbey, J.).