"To establish pretext, [a plaintiff] must show that [the defendant's] proffered explanation is false or unworthy of credence." Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir. 2011) (internal quotation marks and citation omitted). We agree with the district court, for the reasons it gave, that Yates failed to prove prima facie cases of discrimination based on race under Title VII or disability under the ADA.

Further, even if Gibbons had made a prima facie case of discrimination, which he has not, there is evidence, by Gibbons' own admission, of a legitimate, nondiscriminatory reason for his demotion and later termination. See Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (noting that under the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), the plaintiff must first demonstrate a prima facie case, and then the burden of production shifts to the defendant to proffer a legitimate, nondiscriminatory reason for its action). Gibbons had at least two professional counseling sessions with Brookside administration for workplace misconduct, and several recorded conversations with Holliman (attached to Gibbons' Complaint) about his poor work performance.

"Disparate treatment occurs where an employer treats one employee more harshly than other similarly situated employees for nearly identical conduct." Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir. 2011) (quotation marks omitted). Of relevance here, "[t]he conduct at issue is not nearly identical when the difference between the plaintiff's conduct and that of those alleged to be similarly situated account for the difference in treatment received from the employer."

Third, if Schneider meets its production burden, Andrews may prove intentional discrimination by proceeding under one of two alternatives: the pretext alternative or the mixed-motives alternative. See Rachid v. Jack in the Box, Inc., 376 F.3d 305, 312 (5th Cir. 2004) (age discrimination case); see also Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (Title VII race discrimination case). Under the pretext alternative, Andrews must "offer sufficient evidence to create a genuine issue of material fact . . . that [Schneider's] reason is not true, but is instead a pretext for discrimination[.]" Rachid, 376 F.3d at 312.

A Title VII plaintiff bears the initial burden of establishing a prima facie case of intentional discrimination. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); see also McDonnell Douglas, 411 U.S. at 802. To state a prima facie case, the plaintiff must show that he (1) is a member of a protected class, (2) was qualified for the position, (3) was subject to an adverse employment action, and (4) was replaced by someone outside the protected class or, in the case of disparate treatment, show that others similarly situated were treated more favorably.

To establish a prima facie case of discrimination, a plaintiff must show: (1) she is a member of a protected class, (2) she was qualified for the position at issue, (3) she was the subject of an adverse employment action, and (4) she was treated less favorably because of her membership in that protected class than were other similarly situated employees who were not members of the protected class, under nearly identical circumstances. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Lee v. Kansas City S. Ry. Co., 574 F.3d 253, 259 (5th Cir. 2009) (addressing racial discrimination claim). "In work-rule violation cases, a Title VII plaintiff may establish a prima facie case by showing 'either that [s]he did not violate the rule or that, if [s]he did, [employees outside the protected class] who engaged in similar acts were not punished similarly.'"

The Court applies a modified version of the McDonnell Douglas burden-shifting framework in Title VII discrimination cases. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011). "To survive summary judgment under McDonnell Douglas, the plaintiff must first present evidence of a prima facie case of discrimination."

"This burden is one of production, not persuasion; it 'can involve no credibility assessment.'" Reeves, 530 U.S. at 142 (quoting Hicks, 509 U.S. at 509); accord Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Alvarado, 492 F.3d at 611. "The [employer] must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, 'if believed by the trier of fact,' would support a finding that unlawful discrimination was not the cause of the employment action."

As UMMC has proffered a legitimate nondiscriminatory reason for Bowlin's more favorable treatment, it falls to plaintiffs to establish pretext by showing that UMMC's proffered reason is “false” or “unworthy of credence.” See Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir.2011) (internal quotation marks and citation omitted). To prove pretext, the plaintiff must rebut the non-discriminatory reason with “substantial evidence.”