In a surprise opinion by the Corpus Christi Court of Appeals the Court held that an age discrimination plaintiff’s evidence that a supervisor routinely called him ‘viejo,’ Spanish for ‘old man,’ was not “direct” evidence of age discrimination and was insufficient to create an issue of fact or to overcome an public employer’s plea to the jurisdiction. This goes against other cases but shows how difficult it can be to prove age discrimination. The Courts seem to sometimes go out of their way to throw out Plaintiff’s who have been wrongfully terminated. Each case stands on its own facts and circumstances but as an El Paso employment lawyer I have seen many cases lost based upon good facts. It is important if you have been wrongfully terminated you seek legal representation immediately from a board certified employment lawyer early on to make sure that all the facts come out to prove your wrongful termination claim. Discrimination based upon age is one of the most common types of discrimination and anyone applying for jobs as the y get older can vouch for this fact.