The appellant challenges the dismissal on summary judgment of his employment discrimination claim against Defendant Texas Department of Criminal Justice. That the candidate hired was white, female, and younger than the appellant raises only a weak issue of fact insufficient to survive summary judgment. Demonstrating that one is "clearly better qualified" is understandably very difficult to meet so as to avoid judicial second-guessing of business decisions; better education, work experience, and/or longer tenure with the company does not necessarily make a candidate clearly better qualified. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20691, 08-19-2013.
Churchill v. Texas Department of Criminal Justice
August 19, 2013