A
physician who was employed by a medical center was terminated due to his failure
to maintain a current Texas Department of Public Safety ("DPS") certification.
The physician filed a lawsuit in federal district court, claiming that the
medical center discharged him because of his race. The medical center moved
for summary judgment, alleging that the physician could not establish a cause
of action,
which was granted by the district court.
The Fifth Circuit Court of Appeals determined that the physician's prima facie case of discrimination was weak and, even assuming the physician could demonstrate a prima facie case, his evidence in support of pretext (evidence showing that the legitimate reasons offered by the medical center were not its true reasons, but were a pretext for discrimination) was lacking, and affirmed the ruling of the district court.