Lobato v. New Mexico Environment Department, 2013 U.S. App. LEXIS 22439

Lobato was a probationary employee at the New Mexico Environmental Department (NMED) Farmington office who was fired before completing probation for stated misconduct.
NMED’s written policy allowed immediate dismissal of probationary employees with written notice and without appeal rights.
Lobato, who is Hispanic, alleged pretextual race/national-origin bias and whistleblower retaliation.
Management conducted an independent investigation after Lobato’s whistleblowing and complaints, including issues with supervisor Lundstrom.
Lobato claimed various episodes (reimbursement, reimbursement-related dishonesty, alleged harassment, and alleged unprofessional conduct) showed discriminatory motive or retaliation.
Romero, Bentely, and others approved the termination, citing five grounds in the dismissal letter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lobato’s Title VII claims were pretextual	Lobato asserts pretext for racial/origin bias and retaliation.	NMED's reasons were legitimate, nondiscriminatory, and supported by investigation.	No genuine pretext; reasons were credible and independently verified.
Whether Lundstrom’s alleged bias supports Staub-style liability	Lundstrom’s bias was proximate cause of Lobato’s termination.	Independent investigation insulated NMED from Lundstrom’s bias.	Staub-like liability not established; no reliance on biased input in final decision.
Whether NMHRA, Whistleblower Act, and First Amendment claims survive	Claims based on same alleged bias/retaliation.	No discrimination or retaliation shown beyond nondiscriminatory grounds; Garcetti analysis fails.	All non-Title VII claims fail for lack of genuine dispute on motive.

McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme Court 1973) (establishes the burden-shifting framework for discrimination claims)
Luster v. Vilsack, 667 F.3d 1089 (10th Cir. 2011) (pretext review focuses on employer’s honest beliefs and good faith)
Bryant v. Farmers Ins. Exch., 432 F.3d 1114 (10th Cir. 2005) (applies multiple-reason framework for pretext analysis)
Staub v. Proctor Hosp., 131 S. Ct. 1186 (Supreme Court 2011) (subordinate-bias liability requires independence from biased input unless relied upon by decisionmaker)
Proctor v. United Parcel Serv., 502 F.3d 1200 (10th Cir. 2007) (discusses proximate cause and primacy of independent investigation)
Annett v. Univ. of Kan., 371 F.3d 1233 (10th Cir. 2004) (prima facie case and pretext evaluation guidance)
Univ. of Texas Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (Supreme Court 2013) (establishes heightened standard for causation in retaliation claims)