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Bowen v. El Paso Electric Co.

"Pretext plus" is not the law; fact questions on the prima facie case coupled with fact questions on pretext are sufficient to defeat summary judgment.

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OPINION

This appeal concerns the granting of summary judgment in an employment discrimination case. In four interrelated issues, *fn1 plaintiff Charlene Bowen urges that she presented evidence establishing her prima facie showing of discrimination, raised fact questions on whether the employer’s proffered legitimate reasons for dismissal were pretextual, and that she is therefore entitled to trial on the merits. Finding that the U.S. Supreme Court recently addressed this issue in Reeves v. Sanderson Plumbing Products, *fn2 and that under a Reeves analysis summary judgment was error, we reverse and remand for further proceedings.

STANDARD OF REVIEW

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