HOUSTON – A lower court was right in its decision to grant summary judgment to ExxonMobil in an age discrimination lawsuit brought by a former employee, a Texas appellate court recently opined.
From July 2002 to April 2014, plaintiff David Lopez was employed by the ExxonMobil Development Company as a business lead. He was 56 years old when Exxon terminated him.
In his suit, Lopez claims his former employer terminated his employment because of his age and because he engaged in protected conduct by reporting discrimination.
After a trial court granted summary judgment in the company’s favor, Lopez appealed, arguing that the summary judgment was improper as to both claims. He also argued that some of the employer’s evidence was not timely authenticated and should not be considered.
On Sept. 12, the 14th Court of Appeals affirmed the trial court’s ruling.
“Assuming Lopez met his prima facie burden of proof as to his age discrimination claim, Lopez’s evidence does not raise a genuine issue of material fact that the employer’s stated nondiscriminatory reason for the termination was pretextual or that age discrimination was a motivating factor in the decision,” the opinion states.
“As to the retaliation claim, and again assuming Lopez met his prima facie burden of proof, his evidence does not raise a genuine issue of material fact that but for his complaint about perceived discrimination, the employer would not have terminated him when it did.
“Accordingly, we affirm the trial court’s summary judgment.”
Lopez is represented by attorney Bruce Jamison.
Exxon is represented by attorney Ethel Johnson.
Appeals case No. 14-16-00826-CV