Burton argues that Akroyd did not know of her alleged unauthorized use of the Internet until after he decided to fire her. At this stage of the inquiry, the employer bears “the burden of production, not persuasion,” and the proffered reason is sufficient if supported by admissible evidence. Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). Below, we consider contrary evidence as part of the inquiry into whether the reason given for Burton's termination was pretextual.

Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1090 (5th Cir.1995) (quoting Little v. Republic Ref. Co., 924 F.2d 93, 97 (5th Cir.1991)). 23. Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir.2011). 24. Mato v. Baldauf, 267 F.3d 444, 452 (5th Cir.2001) (quoting Deines v. Tex. Dep't of Protective & Reg. Serv., 164 F.3d 277, 281 (5th Cir.1999)).

A. Summary Judgment StandardWe review a grant of summary judgment de novo, applying the same standard as the district court. Vaughn v. Woodforest Bank, 665 F.3d 632, 635 (5th Cir.2011) (citing Rachid v. Jack in the Box, Inc., 376 F.3d 305, 308 (5th Cir.2004)). Pursuant to Federal Rule of Civil Procedure 56(a), summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A genuine dispute as to a material fact exists when, after considering the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, a court determines that the evidence is such that a reasonable jury could return a verdict for the party opposing the motion.

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. Vaughn v. Woodforest Bank , 665 F.3d 632, 636 (5th Cir. 2011). If it does that, “the presumption of discrimination disappears.” Id. The plaintiff, who always has the ultimate burden, must then “produce substantial evidence indicating that the proffered legitimate nondiscriminatory reason is a pretext for discrimination.”

A. Summary Judgment Standard We review a grant of summary judgment de novo, applying the same standard as the district court. Vaughn v. Woodforest Bank, 665 F.3d 632, 635 (5th Cir.2011) (citing Rachid v. Jack in the Box, Inc., 376 F.3d 305, 308 (5th Cir.2004)). Pursuant to Federal Rule of Civil Procedure 56(a), summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A genuine dispute as to a material fact exists when, after considering the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, a court determines that the evidence is such that a reasonable jury could return a verdict for the party opposing the motion.

To make a prima facie case of discrimination, Owens must show that: 1) she belongs to a protected group; 2) she was qualified for her position; 3) she suffered an adverse employment action; and 4) she was replaced by someone outside of her protected group or a similarly situated employee outside of her protected group was treated more favorably. See id. ; Vaughn v. Woodforest Bank , 665 F.3d 632, 636 (5th Cir. 2011). While the parties do not dispute that Owens belongs to a protected group or that she suffered an adverse employment action, Circassia argues that because Owens failed to meet performance expectations, Owens was not qualified for her position and therefore fails to present a prima facie case.

Id.Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). FBISD concedes that Autry has established a prima facie race-discrimination case but asserts that it hired Baker through a nondiscriminatory, merit-based selection process.

Laxton , 333 F.3d at 578. Turning to the summary-judgment record, we see two items of evidence that "cast[ ] doubt on the credence," Brown , 969 F.3d at 578, of the proffered reason and suggest that "sleeping on the job" was not "the real reason," Vaughn v. Woodforest Bank , 665 F.3d 632, 637 (5th Cir. 2011), for firing Watkins. First, the record reflects that "sleeping on the job" is not an infraction that results in termination.

She can do so “by producing circumstantial evidence sufficient to create a fact issue as to whether the employer's nondiscriminatory reasons are merely pretext for discrimination,” Machinchick v. PB Power, Inc., 398 F.3d 345, 356 (5th Cir.2005), or by demonstrating that the proffered reasons are false or “unworthy of credence.” Bourgeois v. Mississippi Valley State Univ., 507 Fed.Appx. 386, 388 (5th Cir.)cert. denied, ––– U.S. ––––, 134 S.Ct. 163, 187 L.Ed.2d 41 (2013) (quoting Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir.2011) ); see also Gee v. Principi, 289 F.3d 342, 347–48 (5th Cir.2002) (an employer's inconsistent explanations for its employment decisions at different times permits a jury to infer that the employer's proffered reasons are pretextual). Brooks first argues that the write-ups were pretextual because she received a generally positive performance review in October 2011. Brooks's evaluation was performed by Marshall, who was replaced as Brooks's supervisor in December 2011. Marshall did not issue the write-ups, and they were based on conduct occurring after the evaluation period.

Based on Chief Hinojosa's termination letter citing “lack of candor,” the government has asserted a legitimate, non-discriminatory reason for Thomas's termination. See Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011). “A plaintiff may establish pretext either through evidence of disparate treatment or by showing that the employer's proffered explanation is false or ‘unworthy of credence.’ ”