Kelli Smith v. United States Parcel Service, Inc.

Houston, Texas, employment law lawyer represented the Plaintiff who sued on job discrimination theories.<br>
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Kelli Smith sued her former employer, United Parcel Service, Incorporated (UPS), under the Texas Commission on Human Rights Act (TCHRA) alleging race, gender, and disability discrimination, retaliation, and a hostile work environment. <br>
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Under McDonnell Douglas, a plaintiff bears "the initial burden” of establishing a prima facie case of discrimination. If she does so, the burden "shift[s] to the employer to articulate some legitimate, nondiscriminatory reason for” the adverse action.11 The plaintiff then has the "opportunity to show that [the employer's] stated reason . . . was in fact pretext.” 12 "To establish a prima facie case of discrimination under the TCHRA, the plaintiff must establish that 'she (1) was a member of [a] protected class, (2) was qualified for the position at issue, (3) suffered a final, adverse<br>
employment action, and (4) was either (a) replaced by someone outside the protected class or (b) otherwise treated less favorably than others who were similarly situated but outside the protected class.”

Motion for summary judgment granted.<br>
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Affirmed