the University of Texas at El Paso v. Diana Ruiz Esparza ( 2016 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
THE UNIVERSITY OF TEXAS No. 08-14-00314-CV
AT EL PASO, §
Appeal from
Appellant, §
County Court at Law No. 3
v. §
of El Paso County, Texas
DIANA RUIZ ESPARZA, §
(TC # 2013-DCV-4283)
Appellee. §
JUDGMENT
The Court has considered this cause on the record and concludes there was no error in
that part of the judgment holding that because the potential population of comparable employees
is necessarily different, the issue resolved in prior cases is not necessarily the same. We affirm
that part of the judgment. We conclude there was error in that part of the judgment holding that
Appellee pled a viable prima facie case concerning her wrongful discharge and retaliation
claims. We therefore reverse and remand for the trial court to determine whether an amended
petition might resolve the error. In so doing, we anticipate that the court on remand may address
on a complete record whether Appellee has met her prima facie burden for including any post-
termination conduct as an adverse employment decision. We further order that costs are
assessed against the party incurring same. This decision be certified below for observance.
IT IS SO ORDERED THIS 28TH DAY OF SEPTEMBER, 2016.
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
Hughes, J., Concurring in part; Dissenting in part