This Law Firm Publication by Epstein Becker & Green, P.C. discusses the Texas Supreme Court's 6-3 decision in Mission Consolidated Independent School District v. Garcia, ruling that terminated employees who have been replaced by older workers are not ever entitled to a presumption of age discrimination under the McDonell Douglas burden-shifting framework. Instead, they must generally establish direct evidence of discriminatory animus to sustain age discrimination claims under state law. The new standard adopted by the court could have significant consequences for other claims under the Texas Commission on Human Rights Act (TCHRA), including those alleging race, color, disability, religion, sex and national origin discrimination.